R/CR.MA/18483/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 18483 of 2015
YASHKUMAR SURESHBHAI PATEL 3….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR JIGAR G GADHAVI, ADVOCATE for the Applicant(s) No. 1 – 4
MR RAJESH K SHAH, ADVOCATE for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 29/11/2017
ORAL ORDER
1 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants – original accused persons seek to
invoke the inherent powers of this Court, praying for quashing of the
First Information Report being C.R. No.I – 156 of 2015 lodged with the
Idar Police Station, District: Sabarkantha for the offence punishable
under Sections 498A, 323, 504 and 506(2) read with 114 of the Indian
Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.
2 The applicant No.1 is the husband, the applicant No.2 is the
fatherinlaw, the applicant No.3 is the motherinlaw and the applicant
No.4 is the sisterinlaw of the respondent No.2 – original first
informant. It appears from the materials on record that the respondent
No.2 got married with the applicant No.1 some time in the year 2010.
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R/CR.MA/18483/2015 ORDER
After marriage, she started residing at her matrimonial home at Mumbai.
In the F.I.R., she has levelled allegations of harassment and cruelty.
3 Today, when the matter is taken up for final hearing, Mr. Rajesh
K. Shah, the learned counsel appearing for the respondent No.2 – wife
submitted that there has been an amicable settlement between the
parties. The wife has gone back to her matrimonial home and she is
happily residing along with her husband as on date. In such
circumstances, the wife does not want to proceed further with the F.I.R.
lodged by her.
4 In the result, this application is allowed. The First Information
Report being C.R. No.I – 156 of 2015 lodged with the Idar Police
Station, District: Sabarkantha is hereby quashed. All consequential
proceedings pursuant thereto stand terminated. Rule is made absolute.
Direct service is permitted.
(J.B.PARDIWALA, J.)
chandresh
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