IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 22817 of 2017
YUNUSBHAI RASULBHAI MOHEMMEDBHAI MANSURI 2….Applicant(s)
STATE OF GUJARAT 1….Respondent(s)
MR IMRAN H PATHAN, ADVOCATE for the Applicant(s) No. 1 – 3
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 01/12/2017
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.I19 of 2017 registered with the
Mahila 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 4 of the Dowry Prohibition Act.
2 This is a very unfortunate case. The marital life span of the
husband and wife is almost of twenty five years. In the wedlock, two
daughters were born. The elder daughter by name Tanjim is getting
married with the grace of God on 31st December 2017. It is unfortunate
that at the time when the elder daughter is getting married, the parents
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are fighting with each other.
3 The First Information Report is very short. It appears that some
matrimonial disputes have cropped up, and as usual, the wife rushed to
the police station and lodged an F.I.R. alleging harassment and cruelty.
Having regard to the fact that the marital life span is of twenty five years
and two grown up daughters are there, I thought fit to ask the parties to
remain present before this Court. The applicant No.1 is the husband, the
applicant No.2 is the fatherinlaw and the applicant No.3 is the mother
inlaw. The applicant No.1 – husband is personally present in the Court
today with his elder daughter Tanjim. The respondent No.2 – Sahidaben
is also present in the Court with her sister Zebabanu.
4 I inquired with the applicant No.1 as to the cause of the
matrimonial dispute. The applicant No.1 submitted that as such there is
no dispute. According to him, it is the nature of the wife which is
creating problems in the marital life and that too after twenty five years
of the marriage. I inquired with Tanjim as to what is the problem. Even
according to Tanjim, there is no problem. I inquired with Sahidaben i.e.
the respondent No.2 as to what is the problem. According to the
respondent No.2, the husband is harassing her and has tried to throttle
her at times. The respondent No.2 wants to go back to her matrimonial
home and very rightly. She wants some assurance from the husband as
regards his behaviour and conduct. The husband has assured that there
would be no any trouble or any harassment to the wife. I requested
Tanjim also to see that the differences between the parents is buried.
Tanjim will be getting married on 31st December 2017 and she will leave
for her matrimonial home. Thereafter, it is for the younger sister of
Tanjim namely Fiza to take of her parents and see that there is no
misunderstanding between the father and mother. The respondent No.2
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– Sahidaben will accompany the applicant No.1 and their daughter and
go back to her matrimonial home today itself.
5 Mr. Imran Pathan, the learned counsel appearing for the
applicants shall see to it that he files an undertaking in writing on oath
of the applicant No.1 that there shall not be any unnecessary harassment
of any nature. Such undertaking shall be filed within a period of one
week from today. The Registry shall accept such undertaking.
6 In view of the amicable settlement arrived at between the parties
today before this Court, there is no any difficulty in quashing the F.I.R.
7 A very unusual request is made by the respondent No.2. According
to her, as she has been pursuing this litigation, she has created a debt.
She needs to repay the debt before joining the husband. She wants the
husband to make a payment of a particular amount. Unfortunately, this
reflects of her corrupt mind. I am sorry to say this in my order. As an
amicable settlement has been arrived at between the parties, I am not
saying anything further on the issue of debt, which can be thrashed out
by finding a viable solution. The respondent No.2 needs to sit with her
husband, discuss it and find a viable solution.
8 In the result, this application is allowed. The First Information
Report being C.R. No.I19 of 2017 registered with the Mahila Police
Station, District: Sabarkantha is hereby quashed. Rule is made absolute.
Direct service is permitted.
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