Krunal Ramesh Kapasi Thro Ramesh ... vs State Of Gujarat
2025 Latest Caselaw 6374 Guj

Gujarat High Court

Krunal Ramesh Kapasi Thro Ramesh ... vs State Of Gujarat on 8 September, 2025

                                                                                                             NEUTRAL CITATION




                            R/CR.MA/14806/2019                                  ORDER DATED: 08/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 14806 of 2019

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                                KRUNAL RAMESH KAPASI THRO RAMESH HIRALAL KAPASI
                                                     Versus
                                           STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR. ALKESH N SHAH(3749) for the Applicant(s) No. 1
                       MR CHINTAN DAVE, APP for the Respondent(s) No. 1
                       RULE SERVED for the Respondent(s) No. 2
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 08/09/2025

                                                             ORAL ORDER

1. By this application under Section 482 of the Code of Criminal Procedure (for short "the Code"), the applicant seek quashing of the FIR registered as I-C.R.No.83 of 2015 with Manjalpur Police Station, Vadodara for the offence punishable under Sections 498A, 323 and 114 of the Indian Penal Code and consequential proceedings arising thereof.

2. Heard learned advocate appearing for the petitioner. Private respondent though served did not remain present. However, learned advocate for the petitioner pointed out that she has filed affidavit at page no.20 to support the petition. Said affidavit cannot be treated as document which admit that FIR may be quashed as respondent no.2 to verify the affidavit did not remain present, even otherwise it is photocopy.

NEUTRAL CITATION

R/CR.MA/14806/2019 ORDER DATED: 08/09/2025

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3. In the FIR offence under sections 498(A), 323 and 114 of IPC has been levelled against the petitioner. Page no.33 of compilation indicates that parties have amicably settled their dispute and approached learned Family Court, Vadodara for dissolution of their marriage by mutual consent under section 13(B) of the Hindu Marriage Act. Learned Family Court, Vadodara in Family Suit No.1044 of 2017 passed judgment and decree to grant divorce by mutual consent. Copy of deposition also indicates that private respondent has buried her dispute with the petitioner.

4. In aforesaid circumstances, since parties have departed from each other's life and now settled in their life independently, continuance of impugned FIR would be abuse of process of law.

5. In the result, the petition is allowed. The impugned FIR being I-C.R.No.83 of 2015 registered with Manjalpur Police Station, Vadodara as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SATISH