Gujarat High Court
CR.MA/23092/2021 of RUSHINBHAI KRISHNAKANT TRIVEDI Vs STATE OF GUJARAT on 31 December 2021
31/12/2021 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 23092 of 2021 ================================================================ RUSHINBHAI KRISHNAKANT TRIVEDI Versus STATE OF GUJARAT ================================================================
IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/CRIMINAL MISC.APPLICATION NO. 23092 of 2021
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RUSHINBHAI KRISHNAKANT TRIVEDI
Versus
STATE OF GUJARAT
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Appearance:
HL PATEL ADVOCATES(2034) for the Applicant(s) No. 1,2,3,4MS SHIRALI M PATEL(11069) for the Applicant(s) No. 1,2,3,4 for the Respondent(s) No. 2MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
================================================================CORAM: HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 31/12/2021 ORAL ORDER
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1. With the consent of learned advocates for the applicants as well asfor respondent No.2 – original complainant, the present application istaken up for final disposal today.
2. RULE. Learned advocates appearing for the respective partieswaive service of Rule for the respective respondents.
3. By way of the present application under Section 482 of the Code ofCriminal Procedure, 1973 (for short the ‘Code’), the applicant prays forquashing and setting aside F.I.R. being C.R.No.11216024210700 of 2021registered with Kalol City Police Station, District Gandhinagar for theoffence punishable under Sections 384, 323, 504, 506(2), 498A and 114of the Indian Penal Code, 1860 (IPC) and under Section 4 of the DowryProhibition Act.
4. At the outset, it is pertinent to note that the parties have amicablyresolved the dispute.
5. Learned advocate Mr.Darshan Dave appearing for the respondentno.2- original complainant has tendered an affidavit dated 31.12.2021 ofsettlement of dispute on behalf of the respondent No.2 – complainantduly identified and verified by him. The same is ordered to be taken onrecord. The complainant Avniben Rushinbhai Trivedi is present beforethis Court. As per the affidavit, she does not want to pursue the matterany further and she has given positive consent for quashing of the FIR.She has specifically stated before this Court that she has settled the matterwith the applicants and she has no ill-will against the present applicants.The complainant has voluntarily made a statement that she has no unduepressure and coercion from the applicant and she has settled the matterwith her free will.
6. Learned APP has opposed the quashing of the complaint on theground of settlement and has placed reliance on the judgment of theSupreme Court in the case of State of Madhya Pradesh V/s. LaxmiNarayan, reported in (2019) 5 SCC 688 in support of her submissions.
7. Having heard the learned advocates appearing for the respectiveparties and also having considered the affidavit of the respondent no.2-original complainant, I am of the considered opinion that the present FIRhas arisen purely due to matrimonial dispute. Further, it is pertinent tonote that the offence alleged in the present FIR is not sort of a heinouscrime affecting the society at large. Thus, the reliance placed by thelearned APP on the judgment in the case of Laxmi Narayan (supra) wouldnot be applicable in the facts of the present case. Now, that the partieshave settled the matter amicably, it would be futile exercise and waste ofjudicial time if the impugned FIR and further proceedings, if any, to becontinued. Thus, the impugned FIR is required to be quashed and set aside.
8. Resultantly, this application is allowed. Impugned F.I.R. beingC.R.No.11216024210700 of 2021 registered with Kalol City PoliceStation, District Gandhinagar and all other consequential proceedingsarising out of said FIR if any, are hereby quashed and set aside qua theapplicants only. Rule is made absolute to the aforesaid extent. Directservice is permitted today.
9. Learned advocate Mr.Darshan Dave is permitted to file avakalatnama on behalf of the complainant.
ABHISHEK
(NIRAL R. MEHTA,J)