NEUTRAL CITATION
R/CR.MA/5576/2014 JUDGMENT DATED: 04/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5576 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE M. R. MENGDEY Sd/-
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1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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DINESH S/O SHAMJIBHAI MAHESHWARI
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR NAYAN GUPTA, ADVOCATE FOR
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
ms VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 04/08/2023
ORAL JUDGMENT
1. The present application has been filed by the applicant - original accused under Section 482 of the Code of Criminal Procedure seeking quashing and setting aside the impugned FIR being I.C.R.No.6 of 2014 registered with Mahila Police Station, Gandhidham, Kachchh (East) for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code Page 1 of 4 Downloaded on : Sun Sep 17 00:09:55 IST 2023 NEUTRAL CITATION R/CR.MA/5576/2014 JUDGMENT DATED: 04/08/2023 undefined (herein after referred to as the "IPC") & Sections 3 & 4 of the Dowary Prohibition Act.
2. Learned advocate for the applicant has submitted that the trial qua other co-accused has culminated into acquittal vide judgment and order dated 06.10.2020 passed by Additional Chief Judicial Magistrate, Gandhidham - Kachchh (East) in Criminal Case No.4377 of 2015. He places on record a copy of the said judgment and order on record along with the deposition of respondent no.2 recorded in the said criminal case.
2.1 Learned advocate for the applicant has submitted that the matter has been amicably settled between the parties outside the Court and the marriage between respondent no.2 and Rajesh Harjibhai Zola has been dissolved. He has also produced on record a copy of affidavit of respondent no.2 to that effect. He, therefore, submitted to allow present application and quash and set aside the impugned FIR being I.C.R.No.6 of 2014 registered with Mahila Police Station, Gandhidham, Kachchh (East).
2.2 Learned advocate for the applicant has also produced on record a certified copy of deposition of respondent no.2 recorded in Criminal Case No.4377 of 2015 vide Exh.10. In the said deposition, the respondent no.2 has not supported the case of prosecution and she has declared turned hostile to the case of prosecution. In her deposition, she has stated that the matter has been settled with the accused. It appears that on the basis of the said deposition, the Trial Court, vide judgment and order dated 06.10.2020, passed in Criminal Case No.4377 of 2015 has ordered to acquit other co-accused persons viz. Kiranbhai Harjibhai Zola, Harjibhai Kayabhai Zola and Jayshreeben Page 2 of 4 Downloaded on : Sun Sep 17 00:09:55 IST 2023 NEUTRAL CITATION R/CR.MA/5576/2014 JUDGMENT DATED: 04/08/2023 undefined Harjibhai Zola.
2.3 Learned advocate for the applicant has submitted a copy of the affidavit affirmed by present respondent no.2. As per the said affidavit, the matter has been amicably settled between the parties and the marriage between her and her husband has been dissolved.
3. Learned APP opposes to grant of present application.
4. None appears for the respondent no.2 - original complainant.
5. Heard learned advocates for the parties and perused the material on record. Considering the fact that the matter has been amicably settled between the parties outside the Court and the marriage between respondent no.2 and Rajesh Harjibhai Zola has been dissolved and affidavit to that effect has been filed by the respondent no.2 and also considering the deposition of respondent no.2 recorded in Criminal Case No.4377 of 2015 vide Exh.10 in which she has turned hostile to the case of prosecution and in her deposition, she has stated that the matter has been settled with the accused and on the basis of the said deposition, the Trial Court, vide judgment and order dated 06.10.2020, passed in Criminal Case No.4377 of 2015 has ordered to acquit other co-accused persons viz. Kiranbhai Harjibhai Zola, Harjibhai Kayabhai Zola and Jayshreeben Harjibhai Zola, there is no point to continue with the present FIR, and therefore, impugned FIR being I.C.R.No.6 of 2014 registered with Mahila Police Station, Gandhidham, Kachchh (East) for the offences punishable under Sections 323, 504, Page 3 of 4 Downloaded on : Sun Sep 17 00:09:55 IST 2023 NEUTRAL CITATION R/CR.MA/5576/2014 JUDGMENT DATED: 04/08/2023 undefined 506(2) and 114 of the Indian Penal Code & Sections 3 & 4 of the Dowary Prohibition Act as well as all other consequential proceedings arising out of the aforesaid F.I.R are hereby quashed and set aside.
Rule is made absolute to the aforesaid extent.
Direct service permitted.
Sd/-
(M. R. MENGDEY,J) GIRISH Page 4 of 4 Downloaded on : Sun Sep 17 00:09:55 IST 2023