Rikin Dhanjibhai Sonani (Patel) v. State of Gujarat
2017-07-03
A.J.DESAI
body2017
DigiLaw.ai
ORDER : A.J. DESAI, J. Mr. Tejas Shukla, learned advocate states that he has instruction to appear on behalf of respondent No. 2-original complainant and shall file his appearance at the earliest. He has identified the original complainant, who is present in the Court and states that the matter is settled between the parties. 2. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today. 3. Rule. Mr. Rakesh Patel, learned Additional Public Prosecutor waives service of Rule on behalf respondent No. 1-State of Gujarat and Mr. Tejas Shukla, learned advocate waives service of Rule on behalf of respondent No. 2 - original complainant. 4. By way of the present application under Section 482 of the Code of Criminal Procedure, the applicants have prayed to quash the FIR being C.R No. I-33 of 2017 lodged with Sola High Court Police Station for the offence punishable under sections 498(A), 323, 294(B), 114, etc. of the Indian Penal Code and Sections 3 & 7 of the Dowry Prohibition Act as well as all the consequential proceedings arising from the said FIR. 5. Mr. Tejas Shukla, learned advocate appearing on behalf of the original complainant has identified original complainant, who is present in the Court and who has filed Affidavit dated 26/06/2017, which is taken on the record. It appears from the Affidavit that compromise has been arrived at between the parties and original complainant has no objection if the impugned FIR is quashed. 6. Learned advocate appearing for the applicants placed reliance on the decision of the Hon'ble Apex Court in case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303 as well as in the case of Jitendra Raghuvanshi v. Babita Raghuvanshi reported in 2013(3) G.L.R 1875 and submitted that since the matter is settled between the parties, there is no need to proceed further with the trial. 7. It is the case of applicants that now there is no dispute between the applicants and original complainant. 8. Mr. Rakesh Patel, learned Additional Public Prosecutor has opposed this application and submitted that considering the nature and gravity of the offence, the impugned FIR may not be quashed. 9.
7. It is the case of applicants that now there is no dispute between the applicants and original complainant. 8. Mr. Rakesh Patel, learned Additional Public Prosecutor has opposed this application and submitted that considering the nature and gravity of the offence, the impugned FIR may not be quashed. 9. I have heard learned advocate appearing on behalf of the respective parties and perused the impugned FIR as well as Affidavit filed by the original complainant dated 26/06/2017, which reads as under: “I, Arsi D/o Jayeshbhai Nanubhai Dobariya and W/o Rikin Dhanjibhai Sonani, Age 23 years, Residing at 4, Karnawati Flat, Hirawadi Road, Behind Bhagwati School, Mahavirnagar, Saijpur Bogha, Ahmedabad do hereby on solemn affirmation states as under: 1. I respectfully submit that I am the original complainant in the offence registered as C.R No. I-33/2017 with Sola High Court Police Station, Ahmedabad, against the petitioners for offences punishable under 498(A), 323, 294(B), 114 of I.P.C and under Sec.3 & 7 of Dowry Prohibition Act. I say and submit that I have amicably settled the matter by way of compromise with applicants/accused and hereby undertakes and said that I have no objection if present application is allowed in C.R No. I-33/2017 with Sola High Court Police Station, Ahmedabad, against the petitioners for offences punishable under 498(A), 323, 294(B), 114 of I.P.C and Under Sec.3 & 7 of Dowry Prohibition Act. 2. I respectfully say and submit that I have no any objection on quashing of FIR to the present applicants i.e. C.R No. I-33/2017 with Sola High Court Police Station, Ahmedabad, against the petitioners for offences punishable under 498(A), 323, 294(B), 114 of I.P.C and Under Sec.3 & 7 of Dowry Prohibition Act and submit my consent for quashing of FIR of the applicant before this Hon'ble Court. 3. I say and submit that I have no objection if the said petition by quashing the FIR by this Hon'ble Court by way of allowing the present application. Solemnly affirmed on this 26th day of June, 2017.” 10. It appears from the Affidavit that the applicants and respondent No. 2 - original complainant have arrived at compromise and the original complainant has no grievance against the applicants and the matter is amicably settled between the parties. 11.
Solemnly affirmed on this 26th day of June, 2017.” 10. It appears from the Affidavit that the applicants and respondent No. 2 - original complainant have arrived at compromise and the original complainant has no grievance against the applicants and the matter is amicably settled between the parties. 11. Considering the overall facts and circumstances of the case and considering the fact that the dispute between the parties is now resolved, the present application is allowed. The FIR being C.R No. I-33 of 2017 lodged with Sola High Court Police Station for the offence punishable under sections 498(A), 323, 294(B), 114, etc. of the Indian Penal Code and Sections 3 & 7 of the Dowry Prohibition Act as well as all the consequential proceedings arising from the said FIR, are hereby quashed and set aside qua the applicants only. Rule is made absolute accordingly. 12. Direct service is permitted.