Dipesh Kinakarrao Nikam vs The State Of Gujarat
2021 Latest Caselaw 5515 Guj

    R/CR.MA/7923/2021                                ORDER DATED: 04/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 7923 of 2021

==========================================================
                        DIPESH KINAKARRAO NIKAM
                                  Versus
                          THE STATE OF GUJARAT
==========================================================
Appearance:
MR. NITESH G JAIN(7178) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. J.K. SHAH, APP for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                             Date : 04/06/2021

                              ORAL ORDER

By way of present application, the applicant has prayed

to quash and set aside the criminal complaint being CR No.

11210031210048 of 2021 registered with Mahila Police

Station, Surat for the offence punishable under Sections 498A,

323 and 504 of the Indian Penal Code and further prayed to

stay the further proceedings thereof.

Heard learned advocate for the applicant.

It is submitted by learned advocate for the applicant that

respondent wife left the house on 06.08.2019 and stayed with

the applicant only for a period of about 15 days till the

R/CR.MA/7923/2021 ORDER DATED: 04/06/2021

marriage has not been consummated. It is further submitted

that divorce petition was filed by the applicant before the

Family Court and decree was passed in favour of the applicant

on 28.02.2017. However this Court set aside the impugned

judgment and decree passed by the trial court, applicant

approached Hon'ble Supreme Court by filing Special Leave

Petition No.18784 of 2018, which is pending before the

Hon'ble Supreme Court. It is further submitted that complaint

was filed on 24.03.2021 after delay of more than 12 years

without any satisfactory explanation. He further submits that

present ingredients of the offence as alleged are not satisfied

even if it is assumed that the facts in the FIR are completed in

nature. He furrther submits that applicant is released on bail

by the police station concerned.

Issue requires consideration.

Notice returnable on 03.09.2021. Learned APP waives

service of notice for and on behalf of the respondent­ State.

(B.N. KARIA, J) SUYASH