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Gujarat High Court · body

2011 DIGILAW 170 (GUJ)

Samirbhai Jayantibhai Parmar v. State of Gujarat

2011-03-08

M.D.SHAH

body2011
Judgment M.D. Shah, J.—The present petitioners are accused in Criminal Case No. 15491 of 2010 on the basis of complaint filed by the Respondent No. 2-complainant for the offences punishable under Sections 498-A, 323 and 114 of IPC and Section 3 of Dowry Prohibition Act registered as I.C.R.No.360 of 2010 at Sabarmati Police Station. The present petition has been filed for quashing of the said complaint and the proceedings thereunder. 2. Heard Learned Advocate, Mr. B.N. Limbachia for the petitioners, learned APP, Ms. C.M. Shah for the Respondent No. 1 and Learned Advocate, Mr. Mrudul M. Barot for the Respondent No. 2. 3. Rule. Learned APP, Ms. C.M. Shah for the Respondent No. 1 and learned Advocate, Mr. Mrudul M. Barot for the Respondent No. 2 waive service of notice of rule. 4. The Learned Advocates for the respective parties have jointly submitted that the matter is settled between the parties. Nimishaben and her husband-applicant No. 1 are present in Court. Nimishaben is identified by Learned Advocate, Mr. Mrudul Barot, as the original complainant-Respondent No. 2. It is stated by the complainant before the Court that the matter is amicably settled between her and her in-laws and now she is residing at her matrimonial home with her husband since last more than two months. Now she has no grievance against the present petitioners and hence requested the Court to drop the criminal proceedings against the petitioners for her better matrimonial life. 5. Reliance is placed on a decision of the Apex Court reported in AIR 2003 Supreme Court 1386 in the case of B. S. Joshi vs. State of Haryana wherein complaint for the offence under Section 498-A has been quashed by using the inherent power of the Court under Section 482 of Cr.P.C. It has been held by the Apex Court in Paras 14 and 15 of the said judgment as under: “14. There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code. 15. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.” 6. Applying the above ratio to the facts of the present case, since the matter has been settled between the parties, I am of the opinion that no useful purpose would be served by permitting the criminal proceedings pending against the petitioners to continue as it would be abuse of process of the court. Hence, the complaint in question is required to be quashed. 7. In view of the above, FIR registered as C.R. No. I-360 of 2010 at Sabarmati Police Station and the proceedings of Criminal Case No. 15491 of 2010 pending before the learned Senior Division, Court No. 3, Mirzapur, Ahmedabad are quashed. This Cri. Misc. Application is accordingly allowed. Rule is made absolute. Direct service is permitted. P P P P P