Lalit Shantilal Dave vs State Of Gujarat
2023 Latest Caselaw 5063 Guj

      R/CR.MA/5437/2014                                ORDER DATED: 30/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 5437 of 2014

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                             LALIT SHANTILAL DAVE
                                     Versus
                          STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MS. VRUNDA SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 30/06/2023

                                  ORAL ORDER

1. Learned Advocate Mr. Nayan Gupta for learned Advocate Mr. Ashish M. Dagli for the Applicant has submitted that the marriage between Respondent No.2 - Mayuriben Wife of Jignesh Dineshbhai Dave and her husband namely Jignesh Dineshbhai Dave has been dissolved. As per the settlement terms, it has also been decided between the parties that Respondent No.2 - Mayuriben will withdraw the present FIR in view of the said settlement. In this regard, the learned Advocate for the Applicant has placed on record the Divorce Deed. The same is ordered to be taken on record.

2. In addition to the above, learned Advocate for the Applicant has also submitted that the proceedings before the learned lower Court in Criminal Case No. 1188 of 2015, filed by the Complainant - Mayuriben [Respondent No.2 herein] against Jigneshbhai Dineshbhai Dave, Dineshchandra Mahipathrambhai Dave and Nayanaben Dineshchandra Mahipathram Dave [Original Accused Nos. 1, 2 and 3 respectively] arising out of the same FIR, have culminated into acquittal vide judgment and order dated 18.5.2016 by the learned Judicial

R/CR.MA/5437/2014 ORDER DATED: 30/06/2023

Magistrate First Class, Anjar at Kachchh. The order dated 18.5.2016 is also ordered to be taken on record.

3. Learned Advocate for the Applicant has therefore submitted that in view of the order passed by the learned lower Court so also the fact that the marriage between the present Respondent No.2 - Mayuriben and Jigneshbhai Dineshbhai Dave has been dissolved, the present present proceedings filed by Lalit Shantilal Dave [Original Accused] for quashing and setting aside the complaint being I-CR No. 99 of 2014 registered with Anjar Police Station, Kachchh by Respondent No.2 - Mayuriben may be disposed of as having become infructuous.

4. In view of the above cirsumstances, the present Application stands disposed of as having become infructuous.

(M. R. MENGDEY,J) J.N.W / 45