Maheshkumar Ranchhodbhai Patel v. State of Gujarat
2016-07-01
SONIA GOKANI
body2016
DigiLaw.ai
ORDER : SONIA GOKANI, J. The petitioners are before this Court seeking quashment of Criminal Case No. 704 of 2015 pending before the Ld. JMFC, Dantiwada, in connection with the I-C.R No. 32 of 2015 registered with Dantiwada Police Station under Sections 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act. 2. It can be noticed from the complaint that Respondent No. 2 lodged the complaint before Dantiwada Police Station against the petitioners being her husband and in-laws. The marriage of the Respondent No. 2 with Petitioner No. 1, herein, in the year 2011. After carrying out due investigation into the matter, the concerned IO filed the charge-sheet against all the accused for the offence as mentioned, herein above. 3. The petitioners are, therefore, before this Court seeking quashment/stay of the proceedings of the Criminal Case No. 704 of 2015. 4. This Court has heard the learned Advocate, Mr. Thakor, appearing for the petitioners. He has urged that the Petitioner No. 1 is suffering from HIV. He also urged that the petitioner has to undergo treatment at ART, Mehsana. 5. Considering the fact that the charge-sheet has already been filed, the petitioners may exhaust the alternative efficacious remedy of moving an application for discharge before the Court concerned and the Court concerned shall consider and decide the same on its own merits in accordance with law, as this Court has not entered into the merits of the matter. Considering the ill health of Petitioner No. 1 and also bearing in mind the matrimonial discords, the Court concerned shall also make the attempt to refer the matter to the Mediation Centre or Lok Adalat for exploring the possibilities of an amicable settlement between the parties. If, the petitioner is aggrieved by the outcome before the Court below, his legal Course shall be open for exhausting other remedies including a petition under Section 482 of the Code of Criminal Procedure before this Court. DISPOSED OF, accordingly.