NEUTRAL CITATION
R/CR.MA/11417/2022 ORDER DATED: 07/11/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11417 of 2022
==========================================================
ASHOKBHAI RAJUBHAI BAROT
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR DHAVAL U TRIVEDI(10672) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS CM SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 07/11/2023
ORAL ORDER
1. Copy of judgment of divorce passed by the Family Court, Vadodara and the consent affidavit of respondent - wife are ordered to be placed on record.
2. The applicant - husband is seeking quashing of the FIR being I-C.R.No.11196003220290 of 2022 registered with Manjalpur City Police Station, Vadodara for the offences punishable under Sections 498(A) and 114 of the IPC.
3. Mr.Dhaval Trivedi, learned counsel appearing for the applicant husband has submitted that the parties have amicably resolved their differences, as a result of which, they obtained decree of divorce by mutual consent. In view Page 1 of 3 Downloaded on : Tue Nov 07 20:48:47 IST 2023 NEUTRAL CITATION R/CR.MA/11417/2022 ORDER DATED: 07/11/2023 undefined of the decree of divorce passed by the Family Court, Vadodara, respondent - wife has no objection if the FIR is quashed.
4. In the aforesaid facts, learned counsel Mr.Trivedi submited that in view of the subsequent development, as referred above, the continuation of the proceedings is nothing, but misuse of process of the Court and the same may be quashed and set aside.
5. Ms.C.M. Shah, learned APP for the respondent - State, fairly states that in view of the settlement, the Court may pass necessary order.
6. The respondent wife, though served, did not remain present.
7. It is not in dispute that on 01.05.2023, the Family Court, Vadodara passed a decree of divorce by mutual consent and accordingly, the marriage solemnized on 29.04.2000 has been dissolved. The copy of the settlement affidavit of the respondent wife shows that she is not interested to pursue the criminal proceedings and expressed willingness to quash the FIR and subsequent proceedings thereto. Page 2 of 3 Downloaded on : Tue Nov 07 20:48:47 IST 2023
NEUTRAL CITATION R/CR.MA/11417/2022 ORDER DATED: 07/11/2023 undefined
8. In the aforesaid facts, this Court is of considered view that when parties have settled their dispute, no useful purpose would be served in keeping the proceedings alive and continuation of proceedings is nothing, but harassment to the parties.
9. Resultantly, this application is allowed. The impugned FIR being I-C.R.No.11196003220290 of 2022 registered with Manjalpur City Police Station, Vadodara as well as other consequential proceedings are hereby quashed and set aside qua the applicants herein. Accordingly, Rule is made absolute. Direct service is permitted.
(ILESH J. VORA,J) Rakesh Page 3 of 3 Downloaded on : Tue Nov 07 20:48:47 IST 2023