Pritesh Vijay Kotadia vs The State Of Madhya Pradesh
2023 Latest Caselaw 18557 MP

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 3 rd OF NOVEMBER, 2023
                                         MISC. CRIMINAL CASE No. 61477 of 2022

                           BETWEEN:-
                           1.    PRITESH VIJAY KOTADIA, AGED ABOUT 31
                                 YEARS, OCCUPATION: SHARETRADER, R/O 1001
                                 ASHRA, R.C. PATEL ROAD, CHANDAVARKAR
                                 LANE, BORIVALI, MUMBAI (MAHARASHTRA)

                           2.    VIJAY KOTADIA S/O SUJALMANJI, AGED ABOUT
                                 62 YEARS, OCCUPATION: BUSINESS, R/O 1001
                                 ASHRA, R.C. PATEL ROAD, CHANDAVARKAR
                                 LANE, BORIVALI, MUMBAI (MAHARASHTRA)

                           3.    INDIRA VIJAY KOTADIYA W/O VIJAY KOTADIA,
                                 AGED    ABOUT     58    YEARS, OCCUPATION:
                                 HOUSEWIFE, R/O 1001 ASHRA, R.C. PATEL ROAD,
                                 CHANDAVARKAR LANE, BORIVALI, MUMBAI
                                 (MAHARASHTRA)

                                                                                       .....APPLICANTS
                           (MS. MUKTA SUNDECHA ON BEHALF OF SHRI KUNJ KHANDELWAL,
                           LEARNED COUNSEL FOR THE APPLICANTS.)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH MAHILA THANA, PALASIA POLICE
                           STATION, DISTRICT INDORE (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI KRATIK MANDLOI, LEARNED GOVERNMENT ADVOCATE FOR THE
                           RESPONDENT / STATE.
                           BY SHRI PRANAV TIWARI, LEARNED COUNSEL FOR THE
                           COMPLAINANT.)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                             ORDER

01. The present petition is filed under Section 482 of Code of Criminal Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 04-11-2023 18:42:27

Procedure, 1973 seeking quashment of FIR at crime No.186/2022 registered under Section 498A, 406, 323, 294, 506, 34 of IPC and Section 3 & 4 of Dowry Prohibition Act registered at police station Mahila Thana, Palasia, Indore.

02. Both the parties have entered into a settlement before the Apex Court and produced the copy of order dated 20.03.2023 passed in Transfer Petition (Civil) No.1901/2022. Paragraph No.4 of the said judgment is reproduced below:

Counsel for the parties have agreed before this Court that the following proceedings which are pending between them

shall stand quashed in view of the present order:

i. FIR No 0186/2022 under Sections 498-A, 406, 323, 294, 506, 34 of IPC and under Section 3 & 4 of the Dowry Prohibition Act at Mahila Thana, Palasia, Indore (M.P.) against the second party and his family members and the trial pertaining to it {i.e.RCT No 9092/2022), pending in the court of Judicial Magistrate First Class, Indore; and ii. The first party filed an application under Section 12 of the Protection ofWomen from Domestic Violence Act bearing Case No UNCR 43760/2022, against the second party and his family members before the court of Judicial Magistrate First Class, Indore (M.P.)."

03. Counsel appearing for the complainant / wife has no objection to the aforesaid.

04. In view of the above, this M.Cr.C. is disposed off.

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 04-11-2023 18:42:27

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 04-11-2023 18:42:27