SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Vikram Biharibhai Khakhar … vs State Of Gujarat on 19 July, 2021

Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

R/CR.MA/11270/2021 ORDER DATED: 19/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11270 of 2021

VIKRAM BIHARIBHAI KHAKHAR THROUGH POA BIHARIBHAI
NANALAL KHAKHAR
Versus
STATE OF GUJARAT

Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MR C B UPADHYAYA(3508) for the Respondent(s) No. 2
MR DHARMESH DEVNANI, APP (2) for the Respondent(s)
No. 1

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 19/07/2021
ORAL ORDER

1. With the consent of learned advocates appearing
for the parties, present application is taken up
for final disposal today.

2. Rule. Learned APP Mr. Dharmesh Devnani for
respondent no.1 and learned advocate, Mr. C. B.
Upadhyaya for respondent no.2 waive service of
notice of Rule.

3. By way of the present application under Section
482 of the Code of Criminal Procedure, 1973 (for
short, the ‘Code’), the applicant prays for
quashing and setting aside the FIR being I-
C.R.No.161 of 2015 registered with Isanpur
Police Station, Ahmedabad for the offence
punishable under
Sections 498(A), 406, 420, 354
and
114 of the Indian Penal Code and under
Sections 3 7 of the Dowry Prohibition Act.

Page 1 of 4

Downloaded on : Tue Jul 20 05:45:04 IST 2021

R/CR.MA/11270/2021 ORDER DATED: 19/07/2021

4. Heard learned advocate Mr. Manish J. Patel for
the applicant, learned APP Mr. Dharmesh Devnani
for respondent No.1 and learned advocate Mr. C.
B. Upadhyaya for the respondent No.2 – original
complainant, who is permitted to file his
Vakilatnama in the Registry. I have also heard
the respondent no.2 – original complainant
through Video Conferencing. Learned advocate Mr.
C. B. Upadhyaya for the respondent No.2 –
original complainant further submits that the
original complainant – Rituben Maheshkumar
Thakker may be permitted to join the meeting.
Permission granted. Upon joining the meeting,
original complainant is identified by learned
advocate Mr. C. B. Upadhyaya. Upon inquiry being
made by this Court, the original complainant
confirms the fact about settlement and she
further confirms that she does not have any
objection if the impugned complaint is quashed
by this Court. Learned advocate Mr. C. B.
Upadhyaya further submits that an affidavit of
the respondent No.2 is filed on 22 nd June, 2021,
which is placed on record at page No.20 of the
compilation. He, therefore, requests this Court
for quashing of the complaint impugned herein.

5. Learned advocate for the applicant has stated in
paragraph No.4.3 of the petition as under :-

“4.3.. It is submitted that, during
pendency of the said proceeding, a
matter amicably settled between the

Page 2 of 4

Downloaded on : Tue Jul 20 05:45:04 IST 2021
R/CR.MA/11270/2021 ORDER DATED: 19/07/2021

parties and a consent Divorce
petition being Family Suit No.275
of 2021 has been filed before Ld.
Family Court, Ahmedabad, wherein it
has been agreed by the parties
that, total alimony amount of
Rs.14,00,000/- as agreed and same
was deposited before Ld. Family
Court and will be given to resp.
No.2 wife after the decision by the
Ld. Family Court. It has also been
agreed that, after giving
examination in chief by the Resp.
No.2 wife before Ld. Family Court
in Consent Divorce petition, she
has to give consent for quashing of
FIR filed by her against the
husband and In-laws. All their
belongings have been taken by the
parties, so now nothing remain
pending, so this petition by
consent of the parties has been
filed.”

Learned advocate for the applicant under
the instructions of the applicant submitted that
the amount of Rs.14.00 Lakhs which has been
deposited before the concerned Family Court will
be given to respondent No.2 – wife after the
decision of the learned Family Court and the
petitioner will abide by the same undertaking
given before this Court. It is required to be
noted at this stage, that there is a reference
of Rs.14.00 lakhs in the affidavit filed by the
respondent No.2.

6. Learned advocate for the applicant has taken
this Court through the factual matrix arising
out of the present application.

Page 3 of 4

Downloaded on : Tue Jul 20 05:45:04 IST 2021

R/CR.MA/11270/2021 ORDER DATED: 19/07/2021

7. At the outset, it is submitted that the parties
have amicably resolved the dispute. In support
of such submission made at bar by the learned
advocates appearing for the respective parties,
they have placed on record affidavit of
settlement of dispute duly signed by the
respondent No.2 – complainant.

8. Since now, the dispute with reference to the
impugned FIR is settled and resolved by and
between parties, which is confirmed by the
original complainant through his learned
advocate, the trial would be futile and any
further continuation of proceedings would amount
to abuse of process of law. Therefore, the
impugned FIR is required to be quashed and set
aside.

9. Resultantly, this application is allowed. The
impugned FIR being I-C.R.No.161 of 2015
registered with Isanpur Police Station,
Ahmedabad and all other consequential
proceedings arising out of said FIR are hereby
quashed and set aside qua the applicant only.

10. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J)

Pallavi

Page 4 of 4

Downloaded on : Tue Jul 20 05:45:04 IST 2021

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

Recent Comments

STUDY REPORTS

Copyright © 2024 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation