Gujarat High Court
Nileshwari W/O Sachin Bikhabhai ... vs State Of Gujarat on 10 November, 2023
Bench: Sandeep N. Bhatt
NEUTRAL CITATION
R/CR.MA/8594/2018 ORDER DATED: 10/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8594 of 2018
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NILESHWARI W/O SACHIN BIKHABHAI SHARMA
Versus
STATE OF GUJARAT & 3 other(s)
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Appearance:
MR NISHITH P THAKKAR(2836) for the Applicant(s) No. 1
for the Respondent(s) No. 4
MR ANAND B GOGIA(5849) for the Respondent(s) No. 3
MR BB GOGIA(5851) for the Respondent(s) No. 3
MR RD DAVE(264) for the Respondent(s) No. 2
MS MUSKAN A GOGIA(6624) for the Respondent(s) No. 3
MS CHETAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 10/11/2023
ORAL ORDER
1. The present has been filed for the following prayers-
"a) Be pleased to quash and set aside the FIR at
Annexure-A being Crime Register No.I-231/2017 dated
13.10.2021 lodged before Sector-7 police sation
Gandhinagar and all other incidental proceedings
thereto.
b) Be pleased to stay the investigation of FIR being
Crime Register No.I-231/2017 dated 13.10.2017 lodged
before Sector-7 police station Gandhingar and all
other incidental proceeding thereto pending hearing
and final disposal of the present present petition.
c) Be pleased to pass any other and further order as
may be deemed fit in the interest of justice."
2. When the matter is called out pursuant to the order
dated 08.11.2023 which is as under:-
NEUTRAL CITATION
R/CR.MA/8594/2018 ORDER DATED: 10/11/2023
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"1. This is an application for quashment of the
complaint lodged by the Bank against the wife for
putting a forged signature of the husband for
withdrawal of an amount lying in the Fixed Deposit in
the Bank.
2. Today, learned advocates for the contesting parties
have tendered a copy of the settlement arrived at by
and between the parties. By the said settlement, they
have decided to get divorce mutually. Both, the
husband and the wife, are present before this Court.
The settlement is taken on record.
3. Learned advocate Mr.Gogia for the complainant -
Bank has submitted that pursuant to the complaint filed
by the husband about forged signature put up by the
wife, the Bank has lodged the impugned complaint.
But, when they have entered into a settlement
mutually, he seeks time to take appropriate instructions
in the matter qua the complaint as well as qua the
amount lying in the Fixed Deposit.
4. Re-list the matter on 10.11.2023 on top of the
board.
5. On the next date of hearing, the present of the
parties is dispensed with."
3. The matter is taken up for further consideration. The
learned advocate Mr. B.B. Gogia for the respondent No.3 has
submitted that being a Public Sector Bank and as the dispute
essentially between the husband and wife, and from the receipt
of the complaint received from the husband, the bank has filed
the present FIR regarding the false signature and now in view
of the settlement arrived at between the parties, this Court
may pass appropriate order in the interest of justice.
NEUTRAL CITATION
R/CR.MA/8594/2018 ORDER DATED: 10/11/2023
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4. Considering the fact that the parties are arrived into
settlement and the dispute essentially between the husband and
wife and now everything is settled by way of memorandum of
understanding which is taken on record which is signed by
both the parties on 23.09.2023 which is taken on record.
Considering the terms of the settlement, no fruitful purpose
will served to continue pursuant the impugned FIR and the
continuation with the proceedings pursuant to the FIR and the
continuation of FIR will amount to harassment was to the
parties. In view of the judgment of Gyansingh and Nikhil
Marchant, the parties have arrived at between the amicable
settlement and though here the bank is complainant but the
bank has filed the complaint and in view of the fact that the
husband has made grievance and now the husband has no
objection in view of the settlement, and therefore, proceedings
of the present complaint pursuant to FIR being Crime Register
No.I-231 of 2017 dated 13.10.2017 lodged before Sector-7
police station Gandhinagar and other consequential proceedings
pursuant to said FIR is hereby quashed. Direct service is
permitted.
(SANDEEP N. BHATT,J)
Manoj Kumar Rai
