Gujarat High Court
Surymani Rammohan Tripathi vs State Of Gujarat on 2 May, 2025
NEUTRAL CITATION
R/CR.MA/14257/2019 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 14257 of 2019
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SURYMANI RAMMOHAN TRIPATHI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1,2,3
MR M A KHAN(7515) for the Respondent(s) No. 2
MS NIYATI D CHAUHAN(9082) for the Respondent(s) No. 2
MR SOHAM JOSHI, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 02/05/2025
ORAL ORDER
1. Rule. Learned advocate Ms.Niyati Chauhan waives service
of Rule for respondent No.2 and learned APP Mr.Soham Joshi
waives service of Rule for the respondent State.
2. Heard learned advocate Mr.Bhunesh Rupera appearing for
the petitioners, learned advocate Ms.Niyati Chauhan for
respondent No.2 and learned APP Mr.Soham Joshi appearing for
the respondent State.
3. Considering the issue involved in the present application
and with consent of the learned advocates appearing for the
respective parties as well as considering the fact that the dispute
amongst the petitioners and respondent - original complainant
has been resolved amicably, this matter is taken up for final
disposal forthwith.
NEUTRAL CITATION
R/CR.MA/14257/2019 ORDER DATED: 02/05/2025
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4. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as "the Code"),
the petitioner has prayed for quashing and setting aside FIR
being C.R.No.I-9 of 2019 of 2016 registered with Mahila Police
Station, Dist. Vadodara city, for the offences punishable under
Sections 498(A), 323, 504, 506(2) and 114 of the IPC and u/s 3
& 7 of the Prevention of Dowry Act as well as all other
consequential proceedings arising out of the aforesaid FIR qua
the petitioners herein.
5. Learned advocate Ms.Niyati Chauhan appearing for
respondent No.2 submits that the matter has been amicably
settled between both the parties and the respondent No.2 -
original complainant has filed affidavit which is on record.
Learned advocate would submit that she owes the responsibility
of correctness of this affidavit. She would further submit that
wife has turned hostile in the criminal case and as such, the
husband has been acquitted by learned Trial Court vide
judgment dated 09.01.2024 rendered in Criminal Case No.12027
of 2022 and the present petitioners are in-laws of the
complainant.
6. Learned counsel for the respective parties submitted that
during pendency of the criminal proceedings, as referred to
above, the parties have amicably settled their differences by way
of mutual settlement and pursuant to understanding arrived at
between them, an affidavit is filed by the original complainant.
The relevant para of the affidavit of the original complainant are
as under :
NEUTRAL CITATION
R/CR.MA/14257/2019 ORDER DATED: 02/05/2025
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"1. I am the respondent no.2-orig. complainant in the
memo of petition and I am fully conversant with the facts
and circumstances of the case and I am duly competent
to file this affidavit.
2. I say that I have gone through the memo of petition
and the facts stated in the memo of petition are not
disputed by me. At the outset I say and submit that the
disputes and grievances of both the sides have been
amicably settled and I do not wish to prosecute the
petitioners any further with respect to the proceedings
initiated by me against the Petitioners by filing FIR being
C.R. No. 1-9/2019 before Mahila Police Station,
Vadodara for the offences punishable u/s. 498(A), 323,
504, 506(2) and 114 of the Indian Penal code, 1860 as
well as U/s. 3 & 7 of the Dowry Act.
3. I say that I have settled the dispute with the
Petitioners as we upon intervention of the common
relatives of petitioners and mine, we decided to been
separated finally and have also preferred application for
divorce with mutual consent and in that view the matter
is amicably settled between us and in view of that I have
also withdrawn another proceeding filed by me under
Domestic Violence Act from the competent Court and
therefore I do not wish to go on with the FIR filed by me
against them. I say and submit that FIR in question was
lodged by me out of desperation, anger and anxiety and
therefore I do not want to prosecute the petitioners any
further for the FIR impugned in the present petition.
4. I further say and submit that after lodging the
impugned FIR, I realized that a minor dispute has taken i
massive shape. After filing the impugned FIR, I realized
the nature of hardships and inconvenience, socially and
mentally, it will cause to both the sides, if the criminal
proceedings continue and both the sides subjected to
rigors of criminal trial, it will immensely affect our future
prospects of better life.
5. In the facts and circumstances as narrated above, I
at my free will, wish and desire am stating on oath that I
do not wish to prosecute the criminal proceedings
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R/CR.MA/14257/2019 ORDER DATED: 02/05/2025
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against the petitioners as the dispute between us has
been amicably settled. I state that the proceedings
initiated by me against the Petitioners by filing FIR being
C.R. No. 1-9/2019 before Mahila Police Station,
Vadodara for the offences punishable U/s. 498 (A), 323,
504, 506(2) and 114 of the Indian Penal Code, 1860 as
well as U/s. 3 & 7 of the Dowry Act, may be quashed in
the interest of justice."
7. Having heard the learned counsel for the respective parties,
considering the facts and circumstances arising out of the
present application as well as taking into consideration the
decisions rendered in the cases of Gian Singh Vs. State of
Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan
Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582,
Nikhil Merchant Vs. Central Bureau of Investigation & Anr.,
reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors.,
reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs.
State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as
well as State of Haryana Vs. Bhajanlal reported in AIR 1992
SC 604, it appears that further continuation of criminal
proceedings in relation to the impugned FIR against the
petitioners would be unnecessary harassment to the applicants.
It appears that the trial would be futile and further continuance
of the proceedings pursuant to the impugned FIR would amount
to abuse of process of law and Court and hence, to secure the
ends of justice, the impugned FIR and other consequential
proceedings are required to be quashed and set aside in exercise
of powers conferred under Section 482 of the Code.
8. Resultantly, this application is allowed. The impugned FIR
being C.R.No.I-9 of 2019 of 2016 registered with Mahila Police
NEUTRAL CITATION
R/CR.MA/14257/2019 ORDER DATED: 02/05/2025
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Station, Dist. Vadodara city, for the offences punishable under
Sections 498(A), 323, 504, 506(2) and 114 of the IPC and u/s 3
& 7 of the Prevention of Dowry Act as well as all other
consequential proceedings arising out of the aforesaid FIR qua
the petitioners herein are quashed and set aside. Accordingly,
Rule is made absolute. Direct service is permitted.
(J. C. DOSHI, J)
GAURAV J THAKER
