Gujarat High Court
Bharatbhai Nimeshbhai Parmar ... vs State Of Gujarat on 25 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/12432/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12432 of 2014
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BHARATBHAI NIMESHBHAI PARMAR (LUHAR) & 5 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MS. SHAILI A KAPADIA(3453) for the Applicant(s) No.
1,2,3,4,5,6
NOTICE SERVED(4) for the Respondent(s) No. 2
MS MAITHILI D MEHTA, ADDITIONAL PUBLIC PROSECUTOR(2)
for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/02/2021
ORAL ORDER
1. Heard learned advocate Ms. Shaili A. Kapadia on
behalf of the applicants and learned APP Ms.
Maithili D. Mehta on behalf of the respondent
State.
2. Learned Advocate Mr. Fouzan N. Soniwala submits
that he has instructions to appear on behalf of
the respondent No.2original complainant.
Learned Advocate Mr. Soniwala further submits
that he has already filed his Vakalatnama on
behalf of the original complainant in the
Registry.
3. By way of this application, the applicant prays
R/CR.MA/12432/2014 ORDER
for quashing of the FIR bearing C.R.No.I159 of
2014 registered with Varachha Police Station,
Surat for the offence punishable under Sections
498A, 323, 504 and 114 of the Indian Penal Code
and under Sections 3, 5 and 7 of the Dowry
Prohibition Act.
4. Learned Advocate Ms. Shaili A. Kapadia as well
as learned Advocate Mr. Fouzan N. Soniwala
jointly submits that said parties to have
dispute being husband and wife have settled the
dispute interse and whereas settlement deed
dated 10th February, 2021 is submitted by learned
Advocates, which is directed to be taken on
record. Considering the same, learned advocate
request that the complaint impugned in this
petition may be quashed by this Court.
5. Learned Advocate Mr. Soniwala also submits that
he has filed an affidavit of the respondent No.2
dated 18th February, 2021 wherein the facts of
settlement is mentioned and whereas he submits
that such affidavit has already been filed in
the Registry.
6. Considering the fact that the dispute which has
R/CR.MA/12432/2014 ORDER
resulted in filing of the impugned complaint was
matrimonial in nature and considering the
settlement between the parties which is
reflected in the settlement deed.
7. Learned APP Ms. Maithili Mehta strongly objects
to this application and submits that considering
the allegations levelled against the applicants
no interference may be made by this court in the
impugned complaint as well as criminal case.
8. Having heard learned advocates for the
respective parties, this Court is of the opinion
that looking to the averments made in the
affidavit filed by the complainant dated 18th
February, 2021 more particularly, since the
issue is resolved and that he does not wish to
proceed any 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, Manoj Sharma Vs. State & Ors., reported
in 2009 (1) GLH 190 and Narinder Singh & Ors.
Vs. State of Punjab & Anr., reported in 2014 (2)
R/CR.MA/12432/2014 ORDER
Crime 67 (SC), 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/FIR being No.C.R.
No.I159 of 2014 registered with Varacha Police
Station, District Surat on 18th June, 2014 for
the offences punishable under Sections 498(a),
323, 504 and 114 of the Indian Penal Code and
punishable under Sections 3, 5 and 7 of the
Dowry Prohibition Act and all consequential
proceedings arising therefrom is 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.
Direct service is permitted through electronic mode.
(NIKHIL S. KARIEL,J)
Pallavi
