NEUTRAL CITATION
R/CR.MA/28859/2016 JUDGMENT DATED: 07/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 28859 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE J. C. DOSHI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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SMITHA KARUNAKARAN NAIR
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
MR. BAKUL S PANCHAL(3676) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
UNSERVED REFUSED (R) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/08/2023
ORAL JUDGMENT
1. Heard learned advocate Mr. Bakul Panchal for the petitioner and learned APP Ms. Asmita Patel for the respondents State.
2. Though respondent - original complainant is served, she has refused to accept the service and did not remain present to Page 1 of 4 Downloaded on : Sun Sep 17 00:21:54 IST 2023 NEUTRAL CITATION R/CR.MA/28859/2016 JUDGMENT DATED: 07/08/2023 undefined contest this petition. Therefore, the petition at the end of the respondent - original complainant remained unopposed.
3. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the petitioner and respondent - original complainant has been resolved amicably, this matter is taken up for final disposal forthwith.
4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside FIR being C.R.No.128 of 2016 registered with Wadaj Police Station, Dist. Ahmedabad, for the offences punishable under Sections 498(A), 323, 506(2), 507, 114 of the IPC and u/s 3 & 7 of the Prevention of Dowry Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.
5. Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their differences by way of mutual settlement/divorce deed and pursuant to understanding arrived at between them, a divorce deed is filed, which is taken on record. The complainant has categorically stated in the divorce deed that the dispute is resolved between them and both the petitioner and the respondent - original complainant have parted from each other by dissolving their marriage. Divorce deed spells that husband and wife have Page 2 of 4 Downloaded on : Sun Sep 17 00:21:54 IST 2023 NEUTRAL CITATION R/CR.MA/28859/2016 JUDGMENT DATED: 07/08/2023 undefined decided to put all the dispute put to rest. Present petitioner is arraigned in the offence on allegation that she was keeping illicit relationship with the complainant husband. This allegation does not attract essential ingredient of alleged offence.
6. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, 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 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that further continuation of criminal proceedings in relation to the impugned FIR against the petitioner would be unnecessary harassment to the applicant. 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 and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
7. Resultantly, this application is allowed. The impugned being C.R.No.128 of 2016 registered with Wadaj Police Station, Dist. Ahmedabad filed against the present petitioner is hereby Page 3 of 4 Downloaded on : Sun Sep 17 00:21:54 IST 2023 NEUTRAL CITATION R/CR.MA/28859/2016 JUDGMENT DATED: 07/08/2023 undefined quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Accordingly, Rule is made absolute. Direct service is permitted.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 4 of 4 Downloaded on : Sun Sep 17 00:21:54 IST 2023