Gujarat High Court
Mayank Govindram Sharma vs State Of Gujarat on 16 December, 2021
Bench: Umesh A. Trivedi
R/CR.MA/18601/2020 ORDER DATED: 16/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18601 of 2020
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MAYANK GOVINDRAM SHARMA
Versus
STATE OF GUJARAT
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Appearance:
MR BHARAT BHAVSAR(5548) for the Applicant(s) No. 1,2,3,4
MR HIREN P VYAS(2269) for the Respondent(s) No. 2
MS SEJAL H VYAS(3211) for the Respondent(s) No. 2
MS. C.M.SHAH, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 16/12/2021
ORAL ORDER
[1] Heard Mr. Bharat Bhavsar, learned advocate for the
applicants as also Mr. Hiren Vyas, learned advocate for
respondent No.2 - original first informant - Nikita w/o Mayank
Sharma, who filed First Information Report bearing C.R.No.I-192
of 2018 registered with Vastrapur Police Station, Ahmedabad
City, for the alleged offences punishable under Sections 498-A,
406, 420 and 114 of the Indian Penal Code as also under Sections
3 and 7 of the Dowry Prohibition Act, is present before the Court
and duly identified by Mr. Hiren Vyas, learned advocate
representing her.
[2] Mr. Vyas, learned advocate for respondent No.2
submitted that the parties have resolved their matrimonial
dispute. Pursuant to which, marriage between respondent No.2
R/CR.MA/18601/2020 ORDER DATED: 16/12/2021
and applicant No.1 came to be dissolved by consent decree under
Section 13(B) of the Hindu Marriage Act, 1955 (for short 'the Act')
vide judgment and decree dated 12.01.2021. Pursuant to the FIR,
a charge-sheet has come to be filed on 05.05.2019, which was
registered as Criminal Case No.8348 of 2019, in the Court of
learned 03rd Additional Civil Judge and Judicial Magistrate First
Class, Ahmedabad (Rural) against the applicants.
[3] However, when the matter is settled between the
parties, the first informant - Nikitaben Sharma is present before
the Court and submits that she does not wish to proceed further
in the aforesaid case against the applicants. Since the
matrimonial dispute between the parties has ended in parting
ways, the present prosecution filed at the instance of the first
informant should also end as per the wish of the first informant.
Though offence under Section 498-A is not compoundable, the
Hon'ble Supreme Court has encouraged compounding in such
cases either with reunion or dissolution of the marriage between
the parties. At any rate, when the first informant does not wish
to proceed further with the case, no fruitful purpose would be
served allowing the prosecution to continue.
[4] A copy of the judgment and decree dated 12.01.2021
passed by the Principal Judge, Family Court, Ahmedabad in
Family Suit No.112 of 2020, granting divorce decree with consent
under Section 13(B) of 'the Act', is taken on record.
[5] Hence, the impugned FIR being C.R. No.I-192 of 2018
registered with Vastrapur Police Station, Ahmedabad City for the
alleged offences punishable under Sections 498-A, 420, 406 and
R/CR.MA/18601/2020 ORDER DATED: 16/12/2021
114 of IPC as also under Sections 3 and 7 of the Dowry
Prohibition Act which culminated into Criminal Case No.8348 of
2019 pending in the Court of learned 03rd Additional Civil Judge &
Judicial Magistrate First Class, Ahmedabad (Rural), is hereby
quashed and set aside.
[6] Accordingly, the application stands disposed of as
allowed. Rule made absolute. Direct service is permitted.
(UMESH A. TRIVEDI, J.)
Lalji Desai
