Rinku Dashrathbhai Thakor vs State Of Gujarat
2023 Latest Caselaw 3564 Guj

     R/CR.MA/4479/2014                                JUDGMENT DATED: 28/04/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 4479 of 2014


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE M. R. MENGDEY

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1      Whether Reporters of Local Papers may be allowed                    No
       to see the judgment ?

2      To be referred to the Reporter or not ?                             No

3      Whether their Lordships wish to see the fair copy                   No
       of the judgment ?

4      Whether this case involves a substantial question                   No
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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                   RINKU DASHRATHBHAI THAKOR & 2 other(s)
                                  Versus
                        STATE OF GUJARAT & 1 other(s)
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Appearance:
MR BP GUPTA(337) for the Applicant(s) No. 1,2,3
MR JM BUDDHBHATTI(1239) for the Respondent(s) No. 2
MR. J.K.SHAH, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 28/04/2023

                               ORAL JUDGMENT

1. The present Application has been preferred by the Applicants / Original Accused Nos. 6 to 8 under the provisions of Section 482 of the Code of Criminal Procedure, 1973 praying for quashing and setting aside the FIR being

R/CR.MA/4479/2014 JUDGMENT DATED: 28/04/2023

I-CR No. 9 of 2014 registered with Mahila Police Station, Ahmedabad for the offence punishable under Sections 498(A), 294B, 504, 506(2), 494, 507 and 114 of the Indian Penal Code.

2. Heard learned Advocate Mr. B.P.Gupta for the Applicants. Learned Advocate Mr. Gupta produced on record a copy of the judgment dated 6.4.2022 passed by learned Additional Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No. 1100195/2016.

2.1 Vide the said judgment, the Accused Gaurav Babubhai Thakore has been ordered to be acquitted of the offence alleged against him. In the said judgment, it has been recorded by the lower Court that the first informant i.e. Respondent No.2, in her deposition before the lower Court has stated that the matter between her and her husband namely Gaurav Babubhai Thakore has been amicably settled and they have separated by mutual consent. In view of the said settlement, the lower Court has acquitted the Accused Gaurav Babubhai Thakore.

3. In the FIR, it has been alleged against the present Applicants that though the marriage between said Gaurav Babubhai Thakore and Respondent No.2 was in existence, the present Applicant No.1 had married to said Gaurav Babubhai Thakore and the other Applicants had threatened the first informant.

4. As recorded by the lower Court in its judgment referred to herein above, the matter has already been settled between the parties and it has been stated at the bar that after being divorced from the Accused - Gaurav Babubhai Thakore, the Respondent No.2 has also got married elsewhere.

5. In view of the aforesaid facts and circumstances, there is no point in continuing with the proceedings of the FIR being I-CR No. 9 of 2014 registered

R/CR.MA/4479/2014 JUDGMENT DATED: 28/04/2023

with Mahila Police Station, Ahmedabad.

6. Under the circumstances, the FIR being I-CR No. 9 of 2014 registered with Mahila Police Station, Ahmedabad and all other subsequent proceedings arising out of the same are hereby quashed and set aside. Rule is made absolute.

(M. R. MENGDEY,J) J.N.W / 41