Gujarat High Court
Akash Chandulal Panchal vs State Of Gujarat on 25 February, 2025
NEUTRAL CITATION
R/CR.MA/14777/2019 ORDER DATED: 25/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 14777 of 2019
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AKASH CHANDULAL PANCHAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS TEJAL A VASHI(2704) for the Applicant(s) No. 1
MR APURVA A DAVE(3777) for the Respondent(s) No. 2
MR ROHAN RAVAL, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 25/02/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for the
respondent - State and learned advocate Mr.Apurva Dave waives
service of notice of rule for respondent no.2.
1.1 By this application under Section 482 of the Code of
Criminal Procedure (for short "the Code"), the applicant seeks
quashing of the FIR registered as I-C.R. No.238 of 2019 with
Shaherkotda Police Station, Ahmedabad for the offence
punishable under Sections 498-A, 376, 506(2) and 114 of the
Indian Penal Code read with Sections 3(2)(v)(a), 3(1)(w)(i) and
3(1)(w)(viii) of the the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and further proceedings
arising thereof.
2. Heard learned Advocates appearing for the respective
parties.
NEUTRAL CITATION
R/CR.MA/14777/2019 ORDER DATED: 25/02/2025
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3. In FIR where the offence punishable under Sections 498-A,
376, 506(2) and 114 of the Indian Penal Code read with Sections
3(2)(v)(a), 3(1)(w)(i) and 3(1)(w)(viii) of the the Atrocities Act are
alleged, the status of the present petitioner is husband of the
first informant.
4. Leaned advocate Ms.Tejal Vashi for the petitioner submits
that the husband and wife have taken up divorce with mutual
consent under Section 13(B) of the Hindu Marriage Act and she
places on record judgment and decree dated 10.04.2023
delivered by the learned Family Court in Family Suit No.277 of
2023, which is taken on record.
5. On perusal of the FIR, what could be noticed that since
present petitioner is husband and allegations of committing rape
upon first informant and offence with regard to Section 498-A of
IPC and under the Atrocities Act are alleged against the
petitioner. However, considering the facts and circumstances of
the case as well as looking to the tenor of FIR, even if it is taken
as correct and true averments, it does not constitute offence
arising out of the FIR, since parties have settled their dispute
and by mutual consent they have taken up divorce. Hence, the
present petition deserves consideration.
6. Resultantly, the present petition is allowed. The FIR
registered as I-C.R. No.238 of 2019 with Shaherkotda Police
Station, Ahmedabad for the offence punishable under Sections
498-A, 376, 506(2) and 114 of the Indian Penal Code read with
Sections 3(2)(v)(a), 3(1)(w)(i) and 3(1)(w)(viii) of the the Scheduled
NEUTRAL CITATION
R/CR.MA/14777/2019 ORDER DATED: 25/02/2025
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Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989
and further proceedings arising thereof is hereby quashed qua
the petitioner. Rule is made absolute. Direct service is permitted.
(J. C. DOSHI, J)
GAURAV J THAKER
