Gujarat High Court
Rushinbhai Krishnakant Trivedi vs State Of Gujarat on 31 December, 2021
Bench: Niral R. Mehta
R/CR.MA/23092/2021 ORDER DATED: 31/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/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. 1,2,3,4
MS SHIRALI M PATEL(11069) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 31/12/2021
ORAL ORDER
1. With the consent of learned advocates for the applicants as well as
for respondent No.2 - original complainant, the present application is
taken up for final disposal today.
2. RULE. Learned advocates appearing for the respective parties
waive service of Rule for the respective respondents.
3. By way of the present application under Section 482 of the Code of
Criminal Procedure, 1973 (for short the 'Code'), the applicant prays for
quashing and setting aside F.I.R. being C.R.No.11216024210700 of 2021
registered with Kalol City Police Station, District Gandhinagar for the
offence punishable under Sections 384, 323, 504, 506(2), 498A and 114
of the Indian Penal Code, 1860 (IPC) and under Section 4 of the Dowry
Prohibition Act.
4. At the outset, it is pertinent to note that the parties have amicably
resolved the dispute.
R/CR.MA/23092/2021 ORDER DATED: 31/12/2021
5. Learned advocate Mr.Darshan Dave appearing for the respondent
no.2- original complainant has tendered an affidavit dated 31.12.2021 of
settlement of dispute on behalf of the respondent No.2 - complainant
duly identified and verified by him. The same is ordered to be taken on
record. The complainant Avniben Rushinbhai Trivedi is present before
this Court. As per the affidavit, she does not want to pursue the matter
any further and she has given positive consent for quashing of the FIR.
She has specifically stated before this Court that she has settled the matter
with the applicants and she has no ill-will against the present applicants.
The complainant has voluntarily made a statement that she has no undue
pressure and coercion from the applicant and she has settled the matter
with her free will.
6. Learned APP has opposed the quashing of the complaint on the
ground of settlement and has placed reliance on the judgment of the
Supreme Court in the case of State of Madhya Pradesh V/s. Laxmi
Narayan, reported in (2019) 5 SCC 688 in support of her submissions.
7. Having heard the learned advocates appearing for the respective
parties and also having considered the affidavit of the respondent no.2-
original complainant, I am of the considered opinion that the present FIR
has arisen purely due to matrimonial dispute. Further, it is pertinent to
note that the offence alleged in the present FIR is not sort of a heinous
crime affecting the society at large. Thus, the reliance placed by the
learned APP on the judgment in the case of Laxmi Narayan (supra) would
not be applicable in the facts of the present case. Now, that the parties
have settled the matter amicably, it would be futile exercise and waste of
judicial time if the impugned FIR and further proceedings, if any, to be
continued. Thus, the impugned FIR is required to be quashed and set
R/CR.MA/23092/2021 ORDER DATED: 31/12/2021
aside.
8. Resultantly, this application is allowed. Impugned F.I.R. being
C.R.No.11216024210700 of 2021 registered with Kalol City Police
Station, District Gandhinagar and all other consequential proceedings
arising out of said FIR if any, are hereby quashed and set aside qua the
applicants only. Rule is made absolute to the aforesaid extent. Direct
service is permitted today.
9. Learned advocate Mr.Darshan Dave is permitted to file a
vakalatnama on behalf of the complainant.
(NIRAL R. MEHTA,J)
ABHISHEK
