Awat Dayalsingh Jethwani vs State Of Gujarat
2025 Latest Caselaw 7638 Guj

Gujarat High Court

Awat Dayalsingh Jethwani vs State Of Gujarat on 3 November, 2025

                                                                                                             NEUTRAL CITATION




                            R/CR.MA/1900/2019                                   ORDER DATED: 03/11/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 1900 of 2019

                       ==========================================================
                                                   AWAT DAYALSINGH JETHWANI
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1
                       MR KANVA ANTANI, APP for the Respondent(s) No. 1
                       RULE UNSERVED for the Respondent(s) No. 2
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 03/11/2025

                                                             ORAL ORDER

1. The petitioner who is father in law of the complainant seeks quashment of FIR being C.R.No.I-13 of 2018 registered with Mahila Police Station Kachchh East, Gandhidham in connection with offence under sections 498A, 506(2) and 114 of IPC.

2. Learned advocate Mr.Varandani for the petitioner at the outset referred to and relied on judgment and order passed by learned Trial Court in Criminal Case No.784 of 2019, whereby, learned Trial Court conducted the trial against Sunil Awat Jethwani - husband of the complainant who has been arraigned as accused in the very same FIR and submitted that he has been acquitted after trial as complainant did not support the case of the prosecution. Judgment and order passed by learned Trial Court in Criminal Case No.784 of 2019 is taken on record.

NEUTRAL CITATION

R/CR.MA/1900/2019 ORDER DATED: 03/11/2025

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3. On perusal of judgment passed by learned Trial Court, more particularly, para 9, it appears that complainant has been declared hostile by the learned Trial Court as she has specifically stated that she has taken divorice and custody of two judgment born out of marriage is lying with her and she does not want to proceed with the FIR even against husband. Divorce took place between them amicably on interference of heads of the society.

4. Learned APP in his utter fairness submitted to pass necessary order.

5. The case of the petitioner is on higher and better footing. The petitioner is father in law of the complainant. The reasons assigned by the learned Trial Court to acquit husband pari passu applies to the facts fo the present case. In this circumstances, continuance of FIR against the petitioner would be abuse of process of law.

6. In the result, the petition is allowed. The impugned FIR being C.R.No.I-13 of 2018 registered with Mahila Police Station Kachchh East, Gandhidham as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SATISH