Kokilaben Kantilal Patel vs State Of Gujarat
2023 Latest Caselaw 7877 Guj

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     R/CR.MA/13582/2014                             JUDGMENT DATED: 25/10/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                     FIR/ORDER) NO. 13582 of 2014


FOR APPROVAL AND SIGNATURE:


HONOURABLE MRS. JUSTICE M. K. THAKKER

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1      Whether Reporters of Local Papers may be allowed
       to see the judgment ?

2      To be referred to the Reporter or not ?

3      Whether their Lordships wish to see the fair copy
       of the judgment ?

4      Whether this case involves a substantial question
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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                           KOKILABEN KANTILAL PATEL
                                    Versus
                          STATE OF GUJARAT & 1 other(s)
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Appearance:
MR. RADHESH Y VYAS(7060) for the Applicant(s) No. 1
MS. KRUTI M SHAH(2428) for the Respondent(s) No. 2
MS DIVYANGNA JHALA APP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                Date : 25/10/2023

                                ORAL JUDGMENT

1. This is an application under Section 482 of the Code of Criminal Procedure challenging the FIR being I-C.R.No. 63 of

NEUTRAL CITATION

R/CR.MA/13582/2014 JUDGMENT DATED: 25/10/2023

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2013 registered with Mandvi Police Station, District: Surat for the offence under Sections 498-A, 323, 504, 506(2) and 114 of the Indian Penal Code and Sections 3 and 5 of the Dowry Prohibition Act.

2. Case of the prosecution is as under:

2.1 The complainant with the present applicant, Sureshbhai Prabhubhai Patel, married on 15.2.1996 and the husband has took the wife at London as family of the husband was staying at there. It is alleged in the FIR that after sometime, harassment was started and demand of dowry of Rs.50,000/- was made by the husband and the sister in-law of the complainant. It is alleged in the complaint that in the year 2009, complainant and the husband had came to the maternal home and husband had returned the London leaving the wife alone in India. Thereafter, the husband had not returned and therefore, the wife had filed the impugned FIR against the husband, namely, Sureshbhai Patel and sister in-law, present applicant, which is under challenge before this Court.

3. Learned advocate Mr.Vyas, submits that during the pendency of these proceedings, settlement was arrived at between the parties and for that, an agreement was also executed and on the basis of the agreement, the divorce the divorce was taken place with the intervention with the community as well as and on the basis of the agreement, the other proceedings, which were filed before the concerned Court wee disposed off in the Lok Adalat. Submitting the same, learned advocate submits that in view of the above, change in

NEUTRAL CITATION

R/CR.MA/13582/2014 JUDGMENT DATED: 25/10/2023

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circumstances, this application filed under Section 482 of the Code of Criminal Procedure, 1973, is required to be allowed and impugned FIR is required to be quashed.

4. On the other hand, learned advocate submits that as they had tried to contact with the complainant but they are unable to do the same and therefore, if appropriate order would be passed with a liberty to revive the application, in case of difficulty, she is not having any objection.

5. Considering the submissions advanced by the learned advocate for the respective parties, it transpires that impugned FIR came to be filed by the complainant on 4.5.2013. It further transpires from the record that the wife- Respondent No.2, original complainant, initiated the number of proceedings against the husband under the different Acts and the settlement arrived between the parties, which was reduced in writing on 13.9.2019 and on the basis of the said agreement, the other proceedings were withdrawn. On perusing the settlement, it transpires that wife agreed to give the consent to quash the pending proceedings. It further transpires that both the parties have parted their ways and therefore, continuation of proceedings would amount to harassment to the litigants. Therefore, this Court is of the view that impugned FIR requires to be quashed.

6. Hence, this FIR being I-C.R.No. 63 of 2013 registered with Mandvi Police Station, District: Surat for the offence under

NEUTRAL CITATION

R/CR.MA/13582/2014 JUDGMENT DATED: 25/10/2023

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Sections 498-A, 323, 504, 506(2) and 114 of the Indian Penal Code and Sections 3 and 5 of the Dowry Prohibition Act is hereby quashed and set aside with all other consequential proceedings arising therefrom. It is observed that in case of difficulty, the complainant, is at liberty to reopen the matter.

7. In view of the above, this application is disposed of accordingly. Rule made absolute.

(M. K. THAKKER,J) ASHISH M. GADHIYA