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2016 DIGILAW 1901 (GUJ)

Madinabibi Widow of Ahmad Azam v. State of Gujarat

2016-09-02

SONIA GOKANI

body2016
ORDER : SONIA GOKANI, J. A request is made by way of present petition under Article 226 of the Constitution of India read with Section 482 of Cr.P.C to call for record and proceedings of the FIR being I-CR No. 162 of 2016 registered with Kosamba Police Station, District Surat for the offences punishable under Sections 420, 468, 471, 114 and 120B of the IPC Pursuant to the directions issued on 29th June, 2016, the FIR came to be lodged against the petitioners for the offences mentioned hereinabove. The petitioners have urged that the compromise deed has been effected by and between the parties and pursuant thereto the Regular Civil Suit No. 14 of 2013 came to be withdrawn. 2. On 12th August, 2016 in I-CR No. 162 of 2016 where the complainant has been arraigned as an accused, nothing is done to abide by the compromise which has been entered into the Regular Civil Suit No. 14 of 2013. The withdrawal pursis tendered to the Court and decree of Court is not brought on record. There is no reason to entertain this petition at this stage. 3. Learned advocate appearing for the petitioners seeks permission to withdraw this application. This Court has not entered into the merits of this application. The petitioners will be at liberty to approach this Court after the final report is submitted by the police. 4. The petitioners shall be at liberty to make a representation to the concerned Investigating Officer in writing. All the details along with the documents shall be placed before the concerned Investigating Officer who shall look into the same during the course of investigation. 5. There shall be no coercive steps against the petitioners initially for a period of four weeks to enable them to approach the concerned Court for a personal liberty from the date of order. 6. With these observations and directions, this petition stands disposed of.