Jinalben @ Jamnaben Manilal Prajapati v. State of Gujarat
2016-09-02
SONIA GOKANI
body2016
DigiLaw.ai
ORDER : SONIA GOKANI, J. The applicant has approached this Court seeking the quashment of the FIR being I-CR No. 157 of 2016 registered with Visnagar City Police Station for the offences punishable under Section 307 of the Indian Penal Code. 2. This Court notices that complainant - wife has alleged against the present applicant of having an illicit relationship with her husband. The wife has also alleged qua the accused of having put on ‘Celfoce’ tablet put in the complainant's mouth in an attempt to end her life. 3. The complainant has remained present and has also tendered an affidavit stating therein that she has no grievance if the complaint is quashed. 4. Considering the fact that the allegations made are serious in nature, it was necessary for this Court to examine the medical certificate, as according to the complainant she was hospitalised for four days. This Court has also taken note of the submission of learned advocate Mr. H.R Prajapati appearing for the applicant that the husband has joined his wife and therefore, the dispute has ended. This compromise shall bring a lasting peace in the life of all the three persons. 5. Learned APP had been requested to take instructions from the concerned Investigating Officer and the instruction she has obtained is that there are no serious health issues of the complainant. Certificate is also produced on record. She was admitted in Utkarsh Hospital, Visnagar being organised by Aum Shree Saikrupa Trust, for the pain and headache. 6. Had it been the case of the serious injury or threat to her life, this Court could not have considered the request, however, in weak of the details which have been provided and the medical certificate produced, which is taken on record, this application is allowed. 7. This Court further notices the observations made in the decision of Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303 wherein Hon'ble the Supreme Court has permitted the quashment of the complaint in a genuine case on the basis of the compromise by both the parties. 8. For the above reasons, this petition is allowed. The FIR being I-C.R No. 57 of 2016 registered with Visnagar City Police Station for the offences punishable under Section 307 of the Indian Penal Code is ordered to be quashed.
8. For the above reasons, this petition is allowed. The FIR being I-C.R No. 57 of 2016 registered with Visnagar City Police Station for the offences punishable under Section 307 of the Indian Penal Code is ordered to be quashed. If the petitioner, who is lady, who is behind the bars, is not required in any other offences or criminal proceedings, she shall be released by the jail authorities without any further delay. 9. Direct service today is permitted.