Vishalkumar Prakashbhai Sonpal vs State Of Gujarat
2021 Latest Caselaw 3220 Guj

              R/SCR.A/8815/2020                            ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION NO. 8815 of 2020

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             VISHALKUMAR PRAKASHBHAI SONPAL
                              Versus
                        STATE OF GUJARAT
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Appearance:
HIREN J TRIVEDI(8808) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MD MEHTA ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 24/02/2021

                                   ORAL ORDER

1. Heard learned Advocate Mr. Hiren J. Trivedi for the applicant, learned APP Ms. M.D. Mehta for the respondent No.1 - State.

2. Learned Advocate Shri Kaushal H. Patel seeks permission to appear on behalf of the original complainant and also seeks permission to join the meeting. Permission is granted. Learned Advocate Shri Patel is permitted to file his Vakalatnama on behalf of the original complainant.

3. Rule. Learned APP Ms. M.D. Mehta waives service of Rule for the respondent No.1 - State and learned Advocate Shri Kaushal H. Patel waives service of Rule for the respondent No.2.

4. By way of present application, the applicant prays for quashing of the complaint being FIR No. I - 08 of 2015 registered with Mahila Police

R/SCR.A/8815/2020 ORDER

Station, Jamnagar, dated 22.01.2015 for the offences under Sections 498(A), 323, 504 and 114 of the Indian Penal Code.

5. Learned Advocate Shri Trivedi for the applicant submits that during the pendency of the present application, the parties have settled the dispute inter se and whereas both the applicant and the complainant were husband and wife at the relevant point of time and they have separated and as of now both of them have married with different person. He further submits that no fruitful purpose would be served, if the complaint is allowed to proceed any further. He therefore, prays to quash the complaint qua the applicant.

6. Learned Advocate Shri Patel confirms what is stated by the learned Advocate for the applicant. Learned Advocate submits that the complainant

- Komalben Bharatbhai Joshi may be allowed to join the meeting. Permission is granted. Upon inquiry by this Court, the complainant confirms the fact of settlement and she would not have any objection, if the complaint is quashed. Learned Advocate Shri Patel has identified the complainant and he submits that an affidavit stating as much has also been filed which is at page 23 of the present application. He further submits that in view of the same, this Court may quash the complaint against the applicant.

7. Learned APP Ms. M.D. Mehta strongly opposed the application and she further submits that the offences committed by the applicant is grave and serious and therefore, no indulgence may be shown.

8. Having heard learned Advocates for the respective parties and more particularly, considering the fact that the dispute is private in nature i.e. matrimonial and the complainant does not have any objection, if the complaint is quashed and further considering the affidavit filed by the original complainant on 10.07.2020 and as of now the parties have married

R/SCR.A/8815/2020 ORDER

with different persons and also 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 , 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) , this Court is of the opinion that no fruitful purpose would be served, if the complaint is proceeded any further.

9. In view of the discussions and observations above, the criminal complaint being being FIR No. I - 08 of 2015 registered with Mahila Police Station, Jamnagar, dated 22.01.2015 for the offences under Sections 498(A), 323, 504 and 114 of the Indian Penal Code and all consequential proceedings arising therefrom are hereby quashed and set aside qua the present applicant.

Rule is made absolute. Registry is directed to communicate this order to the concerned Police Station through Email immediately.

(NIKHIL S. KARIEL,J) Y.N. VYAS