Maulik Rajendrabhai Kothari vs State Of Gujarat
2023 Latest Caselaw 8084 Guj

                                                                                             NEUTRAL CITATION




     R/CR.MA/21755/2022                                      ORDER DATED: 06/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 21755 of 2022

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                          MAULIK RAJENDRABHAI KOTHARI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR RAXIT J DHOLAKIA(3709) for the Applicant(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 2
MS CM SHAH APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                   Date : 06/11/2023

                                    ORAL ORDER

1. This court has heard learned counsel Mr. Raxit Dholakia and Ms. C,M. Shah, learned Additional Public Prosecutor for the respondent State.

2. By way of this quashing petition, the applicant husband is seeking quashing of the Criminal Case No. 3666 of 2022 pending before the 3rd Additional Chief Judicial Magistrate, Jamnagar.

3. The additional documents tendered by the counsel for the applicant is taken on record.

4. The respondent wife though served did not remain present to contest the petition.

NEUTRAL CITATION

R/CR.MA/21755/2022 ORDER DATED: 06/11/2023

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5. The facts remain that pursuant to the FIR filed for the commission of the offence under Section 498A of the Indian Penal Code etc, the chargesheet came to be filed against the applicant husband, his mother and father. During the proceedings of the Criminal Case, the trial Court concluded the trial and acquitted the mother and father of the applicant and due to pendency of this petition, the case remained pending against the applicant. The record indicates that due to compromise the wife Shitalben Kothari, turned hostile before the trial Court. The learned trial Court vide its judgment dated 27.02.2023, acquitted the mother and father of the applicant.

6. In view of the subsequent development as referred above, this Court is of the view that, the pendency of the Criminal Case No. 3666 of 2022 against the applicant is nothing but a misuse of the process of the court.

7. In the result, present application is allowed. The Criminal Case No. 3666 of 2022 arising out of FIR is hereby quashed. The learned trail Court by passing formal order, dispose of the criminal case against the applicant. Direct service permitted.

(ILESH J. VORA,J) P.S. JOSHI