Gujarat High Court
Jayendrabhai Kalidas Methaniya ... vs State Of Gujarat on 1 August, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
R/CR.MA/19556/2015 ORDER DATED: 01/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19556 of 2015
With
R/CRIMINAL MISC.APPLICATION NO. 24242 of 2015
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JAYENDRABHAI KALIDAS METHANIYA (PATEL)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR AB GATESHANIYA(3766) for the Applicant(s) No. 1
MR. MH SHEKHAWAT(7194) for the Respondent(s) No. 2
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/08/2023
ORAL ORDER
1. Heard learned advocate Mr. AB Gateshaniya for the
petitioners, learned advocate Mr. MH Shekhawat for the
respondent No.2 and learned APP Mr. Ronak Raval for the
respondent State.
2. By way of this petitions, the petitioners challenge to
quash the FIR being II C.R. No.3042 of 2015 registered with
Thangadh Police Station for the offences punishable u/s
498(A), 504, 323 and 114 of the IPC.
3. Learned advocate Mr. Gateshaniya for the petitioners
submits that both the parties i.e. the petitioner and his wife
have parted away from their matrimonial life by taking
divorce by way of mutual consent. For that, he has produced
the order dated 31.3.2022 passed by the learned Principal
Senior Civil Judge, Surendranagar in HMP No.2 of 2022
NEUTRAL CITATION
R/CR.MA/19556/2015 ORDER DATED: 01/08/2023
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passing order of decree dissolving the marriage between the
petitioner and his wife. The operative portion of the order
reads as under:-
"The present application of the applicants is hereby
allowed.
The Marriage solemnized between both the
applicants on Dt. 17/02/1998 stands dissolved
with immediate effect and decree of divorce
under Section 13 (B) of the Hindu Marriage Act,
1955 is hereby granted.
Both parties to bear their own costs.
Decree be drawn accordingly.
Copy of this order be provided free of costs as per
Section - 23(4) of the Act to both the applicants."
4. Upon above submission, learned advocate Mr.
Gateshaniya prays to quash the FIR.
5. Learned advocate Mr. MH Shekhawat representing the
complainant Kavitaben would submit that the divorce has
been taken place by both the parties by mutual consent. He
would further submit that he tried to contact the complainant,
but it was a futile exercise as the complainant was not
available on the given address.
6. Upon such submission, he prays to pass necessary order.
7. Learned APP Mr. Ronak Raval would submit to dismiss
the petitions on the ground that even if the matrimonial
dispute is resolved, it will not take away the gravity of the
offence u/s 498(A) and 323 of the IPC. He would therefore,
submit that let the parties to be relegated to face the trial.
NEUTRAL CITATION
R/CR.MA/19556/2015 ORDER DATED: 01/08/2023
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8. Heard learned advocates for both the sides and
considered the judgment delivered in HMP No.2 of 2023. The
relevant para of said judgment reads as under:-
" ....Thereafter, they have averred that as the
applicants are living separately since last more
than 7 years and there are no chances of their
reunion, so no dispute remains between the parties
for future right of maintenance. They have also
contended that, they have exchanged the goods,
gifts, clothes, ornaments etc. received by them at
the time of their marriage. The applicants have also
averred that a house bought by both the applicants
from their joint income, has been kept over by the
applicant no.1 by paying half of the amount of
house to the applicant no.1. Furthermore the
applicants have averred that both the applicants
have waived their rights on each other's
properties and they have decided to withdraw all
the complaints, proceedings they have initiated
against each other and they have decided that they
will not file any complaint, application or suit or
proceedings against each other in future as they
have entered into compromise and have decided to
get divorce and live separately. Moreover, it is
averred by the applicants that as both of them are
living separately since the year of 2015, so the
applicants have urged for a decree of dissolution of
their marriage which was solemnized on Dt.
17/02/1998....
....It also transpires from the facts of the application
and the evidence on record that, the parents,
elders, friends, relatives and wellwishers of
both the applicants made several attempts to
make compromise between them but inspite of this
efforts made by their elders and relatives, the
applicants were not able to live together happily,
thus, in order to make their future peaceful and
NEUTRAL CITATION
R/CR.MA/19556/2015 ORDER DATED: 01/08/2023
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grudge free, they have decided to put an end on
their marriage and thereby to get separation from
each other and it also appears from the facts and
submissions of the applicant side that there is no
possibility of their reunion. It is also coming out
from the depositions of both the applicants at Ex. 8
and 10 and also from the copy of divorce deed
before the Notary Dtd. 19/02/2022 produced by the
parties on record vide Ex. 18 that the issue of
maintenance for applicant No.2 has been
settled between them and the applicant no. 2
has waived her right for maintenance as both the
parties are capable of looking after each
other and also the gifts, clothes, articles,
ornaments etc. received by them during marriage
have also been exchanged by each other and
therefore, nothing remains to be recovered for both
the applicants from each other. In view of these
crystal clear position."
9. What emerges that both the parties have settled the
dispute. They have parted each other from their matrimonial
marriage. Not only that, they have given up the complaint,
grievances against each other. Under these circumstances,
allowing the FIR to be proceed further would amount to abuse
of process of law.
10. In the result, present petitions are allowed and FIR
being II C.R. No.3042 of 2015 registered with Thangadh
Police Station for the offences punishable u/s 498(A), 504,
323 and 114 of the IPC and all other consequential
proceedings arising therefrom are hereby quashed and set
aside. Rule is made absolute.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
