Gitaben W/O Keshavlal Prajapati vs State Of Gujarat
2023 Latest Caselaw 2939 Guj

      R/CR.MA/17828/2019                          ORDER DATED: 13/04/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 17828 of 2019

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                       GITABEN W/O KESHAVLAL PRAJAPATI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,2
NOTICE SERVED THRU CONCERNED POLICE STN for the Respondent(s)
No. 2,3
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
                      Date : 13/04/2023
                       ORAL ORDER

1. By this application, under Section 482 of the Code of

Criminal Procedure, 1973, the applicants seek to invoke

inherent powers of this Court praying for quashment of the

FIR registered with Fatehganj Police Station, Vadodara

being I-C.R.No.19 of 2006 for the offences punishable

under Sections 498(A) and 114 of the Indian Penal Code

read with Sections 3 and 7 of the Dowry Prohibition Act.

2. The applicants are mother in law and father in law of

respondent no.2. The marriage of respondent no.2 was

solemnized with son of the applicants on 04.05.2023.

Admittedly, the applicants, after the marriage, had gone to

U.S.A. and since long, they are settled there. The

R/CR.MA/17828/2019 ORDER DATED: 13/04/2023

respondent no.2 lodged an FIR, inter alia alleging that she

was subjected to cruelty and harassment by husband and

his relatives. Since 2006, respondent no.2 is living

separately at her parental home. The husband filed HMP

No.587 of 2010 for divorce before the Family Court,

Vadodara. On account of settlement, the parties had

preferred application for divorce by mutual consent under

Section 13(B) of the Hindu Marriage Act. The Family Court,

Vadodara vide judgment and order dated 22.09.2015

dissolved the marriage. Pursuant to the questioned FIR,

chargesheet came to be filed against the husband and

maternal aunt of respondent no.2. The Trial Court, vide

judgment and order dated 19.09.2015, acquitted the

husband and maternal aunt from the charges as referred

above.

3. The applicants being in-laws preferred the present

application mainly on the ground that after lodgment of the

FIR, matter has been settled amicably and respondent no.2

is agreed to withdraw the pending litigation.

4. Mr.Prajapati, learned advocate for the applicants

submitted that pursuant to the FIR, chargesheet came to

be filed against the husband and maternal aunt and on

R/CR.MA/17828/2019 ORDER DATED: 13/04/2023

account of amicable settlement, the Trial Court acquitted

them from the charges. The husband had paid Rs.10 lakhs

towards permanent alimony. The Family Court, Vadodara

on the basis of mutual consent passed the decree of

dissolution of marriage. The applicants have permanently

settled at U.S.A. In these circumstances, he would submit

that the continuation of proceedings would amount to

misuse of process of law and Court and therefore, this is a

fit case to exercise the inherent powers to quash the FIR.

5. The respondent no.2 has been served the notice, however,

she has chosen to remain absence from the proceedings.

6. On the other hand, learned APP Mr.Pranav Trivedi for the

respondent - State submitted that respondent no.2-wife

has not supported the contentions raised by the applicants

herein and therefore, the application is liable to be

dismissed.

7. Having considered the contentions raised by learned

advocate for the applicants and on perusal of the material

placed on record, this Court is of the opinion that after

lodging of the FIR, the matter was compromised and

considering the facts of the compromise, the Family Court,

Vadodara passed a decree of divorce. Pursuant to the

R/CR.MA/17828/2019 ORDER DATED: 13/04/2023

chargesheet filed against the husband and maternal aunt

of respondent no.2, the respondent no.2 was examined by

the Trial Court, wherein she had been turned hostile. The

criminal Court has acquitted the husband and maternal

aunt.

8. In view of the aforesaid admitted facts, without entering

into the merits of the case, this Court is of the opinion that

to prevent the misuse of process of law and Court and for

the ends of justice, this is a fit case to exercise inherent

powers to quash the FIR and other consequential

proceedings therefrom.

9. Resultantly, this application is allowed. The impugned FIR

being I-C.R.No.19 of 2006 registered with Fatehganj

Police Station, Vadodara as well as other consequential

proceedings are hereby quashed and set aside qua the

applicants herein. Direct service is permitted.

(ILESH J. VORA,J) Rakesh