Ashokbhai Rajubhai Barot vs State Of Gujarat
2023 Latest Caselaw 8112 Guj

                                                                                 NEUTRAL CITATION




      R/CR.MA/11417/2022                          ORDER DATED: 07/11/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                    FIR/ORDER) NO. 11417 of 2022

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                           ASHOKBHAI RAJUBHAI BAROT
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR DHAVAL U TRIVEDI(10672) for the Applicant(s) No. 1
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 : 07/11/2023
                       ORAL ORDER

1. Copy of judgment of divorce passed by the Family Court,

Vadodara and the consent affidavit of respondent - wife are

ordered to be placed on record.

2. The applicant - husband is seeking quashing of the FIR

being I-C.R.No.11196003220290 of 2022 registered with

Manjalpur City Police Station, Vadodara for the offences

punishable under Sections 498(A) and 114 of the IPC.

3. Mr.Dhaval Trivedi, learned counsel appearing for the

applicant husband has submitted that the parties have

amicably resolved their differences, as a result of which,

they obtained decree of divorce by mutual consent. In view

NEUTRAL CITATION

R/CR.MA/11417/2022 ORDER DATED: 07/11/2023

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of the decree of divorce passed by the Family Court,

Vadodara, respondent - wife has no objection if the FIR is

quashed.

4. In the aforesaid facts, learned counsel Mr.Trivedi submited

that in view of the subsequent development, as referred

above, the continuation of the proceedings is nothing, but

misuse of process of the Court and the same may be

quashed and set aside.

5. Ms.C.M. Shah, learned APP for the respondent - State,

fairly states that in view of the settlement, the Court may

pass necessary order.

6. The respondent wife, though served, did not remain

present.

7. It is not in dispute that on 01.05.2023, the Family Court,

Vadodara passed a decree of divorce by mutual consent

and accordingly, the marriage solemnized on 29.04.2000

has been dissolved. The copy of the settlement affidavit of

the respondent wife shows that she is not interested to

pursue the criminal proceedings and expressed willingness

to quash the FIR and subsequent proceedings thereto.

NEUTRAL CITATION

R/CR.MA/11417/2022 ORDER DATED: 07/11/2023

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8. In the aforesaid facts, this Court is of considered view that

when parties have settled their dispute, no useful purpose

would be served in keeping the proceedings alive and

continuation of proceedings is nothing, but harassment to

the parties.

9. Resultantly, this application is allowed. The impugned FIR

being I-C.R.No.11196003220290 of 2022 registered

with Manjalpur City Police Station, Vadodara as well as

other consequential proceedings are hereby quashed and

set aside qua the applicants herein. Accordingly, Rule is

made absolute. Direct service is permitted.

(ILESH J. VORA,J) Rakesh