Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1831 (GUJ)

Yunusbhai Rasulbhai Mohemmedbhai Mansuri v. State of Gujarat

2017-12-01

J.B.PARDIWALA

body2017
ORDER : J.B. PARDIWALA, J. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused persons seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being C.R No. I-19 of 2017 registered with the Mahila Police Station, District: Sabarkantha for the offence punishable under Sections 498A, 323, 504 and 506(2) read with 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 2. This is a very unfortunate case. The marital life span of the husband and wife is almost of twenty five years. In the wedlock, two daughters were born. The elder daughter by name Tanjim is getting married with the grace of God on 31st December 2017. It is unfortunate that at the time when the elder daughter is getting married, the parents are fighting with each other. 3. The First Information Report is very short. It appears that some matrimonial disputes have cropped up, and as usual, the wife rushed to the police station and lodged an F.I.R alleging harassment and cruelty. Having regard to the fact that the marital life span is of twenty five years and two grown up daughters are there, I thought fit to ask the parties to remain present before this Court. The applicant No. 1 is the husband, the applicant No. 2 is the father-in-law and the applicant No. 3 is the mother-in-law. The applicant No. 1 - husband is personally present in the Court today with his elder daughter Tanjim. The respondent No. 2 - Sahidaben is also present in the Court with her sister Zebabanu. 4. I inquired with the applicant No. 1 as to the cause of the matrimonial dispute. The applicant No. 1 submitted that as such there is no dispute. According to him, it is the nature of the wife which is creating problems in the marital life and that too after twenty five years of the marriage. I inquired with Tanjim as to what is the problem. Even according to Tanjim, there is no problem. I inquired with Sahidaben i.e. the respondent No. 2 as to what is the problem. According to the respondent No. 2, the husband is harassing her and has tried to throttle her at times. I inquired with Tanjim as to what is the problem. Even according to Tanjim, there is no problem. I inquired with Sahidaben i.e. the respondent No. 2 as to what is the problem. According to the respondent No. 2, the husband is harassing her and has tried to throttle her at times. The respondent No. 2 wants to go back to her matrimonial home and very rightly. She wants some assurance from the husband as regards his behaviour and conduct. The husband has assured that there would be no any trouble or any harassment to the wife. I requested Tanjim also to see that the differences between the parents is buried. Tanjim will be getting married on 31st December 2017 and she will leave for her matrimonial home. Thereafter, it is for the younger sister of Tanjim namely Fiza to take of her parents and see that there is no misunderstanding between the father and mother. The respondent No. 2 - Sahidaben will accompany the applicant No. 1 and their daughter and go back to her matrimonial home today itself. 5. Mr. Imran Pathan, the learned counsel appearing for the applicants shall see to it that he files an undertaking in writing on oath of the applicant No. 1 that there shall not be any unnecessary harassment of any nature. Such undertaking shall be filed within a period of one week from today. The Registry shall accept such undertaking. 6. In view of the amicable settlement arrived at between the parties today before this Court, there is no any difficulty in quashing the F.I.R 7. A very unusual request is made by the respondent No. 2. According to her, as she has been pursuing this litigation, she has created a debt. She needs to repay the debt before joining the husband. She wants the husband to make a payment of a particular amount. Unfortunately, this reflects of her corrupt mind. I am sorry to say this in my order. As an amicable settlement has been arrived at between the parties, I am not saying anything further on the issue of debt, which can be thrashed out by finding a viable solution. The respondent No. 2 needs to sit with her husband, discuss it and find a viable solution. 8. In the result, this application is allowed. As an amicable settlement has been arrived at between the parties, I am not saying anything further on the issue of debt, which can be thrashed out by finding a viable solution. The respondent No. 2 needs to sit with her husband, discuss it and find a viable solution. 8. In the result, this application is allowed. The First Information Report being C.R No. I-19 of 2017 registered with the Mahila Police Station, District: Sabarkantha is hereby quashed. Rule is made absolute. Direct service is permitted.