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Ravi Jayprakash Joshi & 3 Other(s) v. State Of Gujarat & 1 Other(s)

Ravi Jayprakash Joshi & 3 Other(s) v. State Of Gujarat & 1 Other(s)

(High Court Of Gujarat At Ahmedabad)

R/CRIMINAL MISC.APPLICATION NO. 8847 of 2020 | 01-08-2022

1. Rule. Learned APP Ms. Maithili Mehta for respondent No.1 State and learned advocate Mr. Ashish Dagli for respondent No.2 waive service of notice of rule on behalf of the respective respondents.

2. By way of this petition under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing and setting aside the impugned FIR bearing No.11215018200002 registered with Mahila Police Station, Anand under Sections 498(A), 504 and 114 of IPC and Sections 3 and 4 of the Dowry Prohibition Act and all consequential proceedings arising therefrom.

3. Heard learned advocate Mr. Maharshi Patel with learned advocate Mr. Darshan Dave for the petitioner, learned advocate Mr. Malay Patel for learned advocate Mr. Ashish Dagli for respondent No.2 and learned APP Ms. Maithili Mehta for the respondent State.

4. Learned advocate Mr. Maharshi Patel and learned advocate Mr. Malay Patel jointly state that the impugned FIR in this case was filed out of the matrimonial dispute between the parties and the said dispute has been resolved now. Learned advocate Mr. Maharshi Patel appearing for the respondent No.2-original complainant states that the parties have amicably settled the dispute and a decree of divorce has also been obtained from the competent Court. He places on record an affidavit of respondent No.2-original complainant, which is in vernacular language. The said affidavit is taken on record, as learned advocate Mr. Malay Patel states at the bar that a translation of the aforesaid Affidavit, in English language, shall be placed on record within a period of one week from today. In the Affidavit, the respondent No.2- original complainant has stated that the dispute has now been amicably settled between the parties and in view of the decree of divorce obtained by the parties, she does not have any objection if the impugned FIR is quashed.

5. The respondent No.2-original complainant, Hetal Ravi Joshi, is present before this Court. She has been identified by learned advocate Mr. Malay Patel appearing for learned advocate Mr. Ashish Dagli. Upon inquiry from the Court, the respondent No.2-original complainant categorically stated before this Court that after the impugned FIR was registered, the dispute has now been amicably settled between the parties and therefore, she does not have any objection if the FIR in question is quashed.

6. Having heard the learned advocates appearing for the respective parties and considering the fact that the impugned FIR was registered out of the matrimonial dispute, which has now been settled and taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, [LQ/SC/2012/838 ;] ">(2012) 10 SCC 303, [LQ/SC/2012/838 ;] [LQ/SC/2012/838 ;] Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, [LQ/SC/2008/766] Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in (2014) 6 SCC 466, [LQ/SC/2014/327] the further continuation of criminal proceedings in relation to the impugned FIR against the petitioners would cause unnecessary harassment to the petitioners. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

7. For the reasons above and in view of the consent of the respondent-original complainant, who is present before the Court and who confirms orally as well as by way of an Affidavit that the dispute is settled between the parties and does not have any objection if the FIR is quashed, no fruitful purpose would be served in continuing further with the proceedings. Therefore, the present application is required to be allowed and it is accordingly, allowed.

8. Resultantly, the impugned FIR bearing No.11215018200002 registered with Mahila Police Station, Anand filed by respondent No.2-complainant and all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. No order as to costs. Direct service is permitted.

Advocate List
  • HL PATEL

  • MR ASHISH M DAGLI

  • MS MAITHILI MEHTA

Bench
  • HON'BLE MR. JUSTICE NIRZAR S. DESAI
Eq Citations
  • LQ
  • LQ/GujHC/2022/10802
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of FIR — Permissibility — Consent of complainant — FIR filed out of matrimonial dispute — Dispute resolved — Decree of divorce also obtained — Consent of complainant to quash FIR — FIR quashed under S. 482 CrPC