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Gujarat High Court · body

2017 DIGILAW 1462 (GUJ)

Krunal Subhashchandra Shah Thro' Poa Holder Subhashchandra Nagindas Shah v. State of Gujarat

2017-09-01

BIREN VAISHNAV

body2017
JUDGMENT : BIREN VAISHNAV, J. It was brought to the notice of this Court that the father of the original complainant in Criminal Misc. Application No. 3936 of 2013 had filed CR. No. II-53 of 2012 before the Godhra Town Police Station, District: Panchmahals against the sole applicant of Criminal Misc. Application No. 3936 of 2013. The father of the applicant of Criminal Misc. Application No. 3936 of 2013 is also the accused in such a complaint. It is evident from the order dated 20.09.2013, that this application is not pressed. 2. The complaint which is challenged in the present application alleges that due to the marriage that soured between the applicant No. 1 and the daughter of the original complainant, news item was published on the website of ‘Divya Bhaskar’ newspaper on 02.04.2012 proclaiming this dispute on its website. This prompted the complainant and father of the estranged wife to file this complaint. 3. What is evident from reading the settlement arrived at between the parties, reference of which has been made in detail in Criminal Misc. Application No. 3936 of 2013, it is evident that once the complainant's daughter and the accused No. 1 have settled their dispute, monies have been exchanged and the settlement is finalized. Merely because the complaint in question is outcome of the matrimonial dispute between the complainant's daughter and the accused No. 2, both i.e. the accused No. 1 and his father should not unnecessarily be put under rigors of prosecution of the complaint. In view of settlement arrived at between the parties in Criminal Misc. Application No. 3936 of 2013, which has been considered and the said application is allowed, it will be in the fitness of things to quash and set aside the complaint, which is the subject matter of this application. Allegations, in the complaint are merely based on conjectures. The complaint is obviously an offshoot of the proceedings taken out by the complainant's daughter. Once the parties to the Criminal Misc. Application No. 3936 of 2013 have settled their dispute, this complaint also deserves to be quashed. 4. Hence, this application is allowed and the FIR being CR. No. II-53 of 2012 lodged with Godhra Town ‘A’ Division Police Station, District: Panchmahals and all its consequential proceedings are hereby quashed and set aside. Rule is made absolute to the aforesaid extent.