Prashantbhai Mansinh Dabhi vs State Of Gujarat
2021 Latest Caselaw 2995 Guj

      R/SCR.A/2367/2017                                                 ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/SPECIAL CRIMINAL APPLICATION NO.                          2367 of 2017

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       PRASHANTBHAI MANSINH DABHI & 1 other(s)
                        Versus
            STATE OF GUJARAT & 1 other(s)
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Appearance:
MR JV VAGHELA(5809) for the Applicant(s) No. 1,2
MR JABRUSINH V VAGHELA(7836) for the Respondent(s)
No. 2
MR MAHESHB BARIYA(2234) for the Respondent(s) No. 2
MS MAITHILI D MEHTA, ADDITIOAL PUBLIC PROSECUTOR(2)
for the Respondent(s) No. 1
MR V R LODHA(7584) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                          Date : 22/02/2021

                                 ORAL ORDER

1. Heard learned Advocate Mr. J.V. Vaghela on behalf of the applicants, learned APP Ms. Maithili D. Mehta on behalf of the respondent­ State and learned Advocate Mr. Mahesh Bariya on behalf of the respondent No.2­original complainant.

2. By way of this application the applicants prays for quashing of FIR being I­C.R.No.27/2016 registered with Mahila Police Station, Ahmedabad for offences punishable under Section 498A, 323, 294(b), 506(1) and 114 of the Indian Penal Code and subsequent proceedings being Criminal Case

R/SCR.A/2367/2017 ORDER

No. 297/2016 pending before the Hon'ble Additional Chief Metropolitan Magistrate, Ahmedabad.

3. Learned Advocate Mr. Vaghela on behalf of the applicants submits that after filing of the petition, the parties have settled their dispute interse more particularly since the dispute which had led to filing of the complaint was a matrimonial in nature. In view of the same, he submits that no fruitful purpose would be served if the complaint impugned is permitted to continue any further.

4. Learned Advocate Mr. Mahesh Bariya on behalf of the respondent No.2­original complainant confirms what has been stated by learned advocate Mr. Vaghela and he further submits that original complainant is present and she may be permitted to join the meeting. Permission is granted. Mrs. Shilpaben w/o Prashant Dabhi upon joining the meeting, is identified by learned advocate Mr. Mahesh Bariya and upon inquiry by this Court she confirms the fact of settlement and she further submits that she would not have any objection if the impugned complaint is quashed by this Court. Learned advocate Mr. Bariya further submits that an affidavit stating as much by the complainant annexed at page 41 of the present petition.

5. Learned APP Ms. M.D. Mehta strongly opposed this

R/SCR.A/2367/2017 ORDER

application by stating that the allegations levelled against the present applicants are grave and serious and therefore no indulgence may be shown by this Court.

6. Considering the fact that the dispute between the parties is private/matrimonial in nature and considering the fact that the parties have settled the matter interse more particularly, since the issue is resolved and when the complainant does not wish to proceed further with the impugned FIR and considering the judgments of the Supreme Court 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), no fruitful purpose would be served, if the complaint is proceeded any further.

7. In view of the discussions and observations above, the criminal complaint being I­ C.R.No.27/2016 registered with Mahila Police Station, Ahmedabad for offences punishable under Section 498A, 323, 294(b), 506(1) and 114 of the Indian Penal Code and subsequent proceedings culminated thereto being Criminal Case No.

R/SCR.A/2367/2017 ORDER

297/2016 pending before the Hon'ble Additional Chief Metropolitan Magistrate, Ahmedabad and all consequential proceedings arising therefrom including C.C. No. 297/2016 pending before the learned Additional Chief Metropolitan Magistrate, Ahmedabad is hereby quashed and set aside qua the present applicants.

Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(NIKHIL S. KARIEL,J)

Pallavi