Babubhai Kanjibhai Jambukiya vs State Of Gujarat
2023 Latest Caselaw 3570 Guj

     R/CR.MA/3729/2014                             JUDGMENT DATED: 28/04/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 3729 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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                  BABUBHAI KANJIBHAI JAMBUKIYA & 7 other(s)
                                  Versus
                       STATE OF GUJARAT & 3 other(s)
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Appearance:
MR DV BHAVSAR(5575) for the Applicant(s) No. 1,2,3,4,5,6,7,8
MR VINOD M GAMARA(5910) for the Applicant(s) No. 1,2,3,4,5,6,7,8
MR SATYEN B RAWAL(1630) for the Respondent(s) No. 4
MR. J.K.SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 28/04/2023

                              ORAL JUDGMENT

1. Draft Amendment is allowed. Learned Advocate to carry out the amendment as per the Draft Amendment forthwith.

R/CR.MA/3729/2014 JUDGMENT DATED: 28/04/2023

2. The present Application has been preferred by the Applicants / Original Accused under the provisions of Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the FIR being I-CR No. 288 of 2013 dated 6.5.2013 registered with Naroda Police Station at Ahmedabad for the offence punishable under Sections 498(A), 294(B) and 114 of the Indian Penal Code.

3. The learned Advocates representing the Applicants as well as Respondent No. 4 - Bhavnaben Babubhai Jambukiya are present before the Court. The Respondent No.4 is also present before the Court.

4. An Affidavit affirmed by the said Respondent No.4 - Bhavnaben Babubhai Jambukiya is produced on record. In the said Affidavit, Respondent No.4, who is the first informant, has stated that the FIR in question was lodged by her against the Applicants for the offence punishable under Section 498(A), 294(B) and 114 of the IPC.

4.1 After the said FIR was lodged, the Investigating Agency, after conclusion of investigation, has filed charge sheet. However, thereafter the parties have entered into settlement and all disputes between the parties have been amicably settled. She therefore has no objection if the present Application is allowed and the FIR and the subsequent proceedings are quashed.

5. Considering the fact that the disputes between the parties have been amicably resolved as stated by the first informant before the Court orally as well as in the form of the Affidavit referred to herein above, the present Application is hereby allowed. The FIR being being I-CR No. 288 of 2013 registered with Naroda Police Station at Ahmedabad and the proceedings of Criminal Case No. 1800792 of 2013 pending in the Court of learned Additional

R/CR.MA/3729/2014 JUDGMENT DATED: 28/04/2023

Metropolitan Magistrate, Ahmedabad are hereby quashed and set aside. Rule is made absolute.

(M. R. MENGDEY,J) J.N.W / 25