R/CR.MA/15909/2018 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15909 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE A.Y. KOGJE Sd/-
1 Whether Reporters of Local Papers may be allowed to No
see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the No
judgment ?
4 Whether this case involves a substantial question of law No
as to the interpretation of the Constitution of India or any
order made thereunder ?
VIJAYKUMAR RAMANLAL VISAVALIYA
Versus
STATE OF GUJARAT
Appearance:
MR Y J PATEL(3985) for the PETITIONER(s) No. 1,2,3,4,5
MR VASIM QURESHI for the RESPONDENT(s) No. 2
MR HK PATEL, APP (2) for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 29/08/2018
ORAL JUDGMENT
1. RULE. Learned APP Mr.K.P.Raval waives service
of Rule on behalf of respondent No.1-State. Learned
Advocate Mr.Vasim Qureshi has instructions to appear on
behalf of respondent No.2-complainant.
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R/CR.MA/15909/2018 JUDGMENT
2. This application under Section 482 of the
Criminal Procedure Code is filed for quashing of FIR
being I-CR No.94 of 2018 registered with Sarthana Police
Station, Surat for offences under Sections 498A, 506(2)
and 114 of the Indian Penal Code, on the ground of
settlement arrived at between the parties.
3. Learned Advocate for the applicants submitted
that the applicants are in-laws of respondent No.2-
complainant and pending the application, an amicable
settlement is arrived at between the parties. It is
submitted that in the best interest of applicant No.1 and
respondent No.2-complainant, they have jointly decided to
dissolve the marriage and now both are residing
separately and hence, the present petition for quashing.
4. Learned Advocate Mr.Vasim Qureshi for
respondent No.2-complainant submitted that respondent
No.2-Rekhaben Gondaliya is present before the Court.
Learned Advocate identifies the complainant. The
respondent No.2-complainant has filed affidavit ratifying
the compromise arrived at between the parties.
5. Considering the nature of allegations made in
the FIR, contents of the charge sheet and the compromise
arrived at between the parties, as the dispute is now
amicably settled, no useful purpose will be served in
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R/CR.MA/15909/2018 JUDGMENT
continuing the prosecution of the present applicants.
6. In view of the aforesaid, the application is
allowed. I-CR No.94 of 2018 registered with Sarthana
Police Station, Surat and all consequential proceedings
arising out of the impugned order are ordered to be
quashed. Rule is made absolute.
Direct service is permitted.
Sd/-
(A.Y. KOGJE, J)
SHITOLE
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