Deepak Rajendrasinh Rathod (Rathor) v. State of Gujarat
2017-12-01
J.B.PARDIWALA
body2017
DigiLaw.ai
ORDER : J.B. PARDIWALA, J. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report bearing C.R No. I-145 of 2017 registered with the Krishnanagar Police Station, Ahmedabad for the offence punishable under Sections 498A, 323 and 294(B) read with 114 of the Indian Penal Code. 2. Today, when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the respective parties that the dispute has been amicably resolved between the parties and the respondent No. 2 has no objection if the First Information Report is quashed. The respondent no. 2 viz. Taraben is personally present in the Court and she is being identified by her learned advocate Ms. Vyas, She has filed an affidavit dated 1st December 2017 inter alia stating as under: “I, Taraben w/o Deepak Rajendrasinh Rathod (Rathor), Religion: Hindu, Age: 38 years, Resided at: G-504, Madhuvan Glory, Shree Ram Chauk, Nava Naroda, Ahmedabad Gender, Female, the respondent No. 2 (Original complainant) herein do hereby state on oath as under: 1. That I am the original complainant of the complaint registered at C.R No. I-145 of 2017 registered with Krushna Nagar Station Ahmedabad for the offences punishable under Section, 498(A), 323, 294(B) and 114 of the Indian Penal Code. 2. That due to the intervention of the respectable persons of the Society and family members, there has been a compromise take place between the husband and me. I say that in view of the compromise between the parties, I don't have any grievance against the present applicant - original accused. 3. I state that we have amicably settled the dispute and had decided to have peaceful and amicable relations and good atmosphere in our home. I also filed the F.I.R being C.R I-10 of 2017 filed before the Mahila Police Station (East) Dist. Ahmedabad which is also quashed by the order dated 21-11-17 passed by this Honourable High Court in Cr.M.A No. 28306 of 2017. 4. I therefore say and submit that the complaint filed by me against the present applicant - original accused is liable to be quashed. I do not have any objection for the same for quashing the FIR. Solemnly affirmed on this 1st December, 2017 at Ahmedabad.” 3.
4. I therefore say and submit that the complaint filed by me against the present applicant - original accused is liable to be quashed. I do not have any objection for the same for quashing the FIR. Solemnly affirmed on this 1st December, 2017 at Ahmedabad.” 3. Taking into consideration the fact that the dispute between the parties has been amicably settled, no useful purpose would now be served to continue with the investigation. The affidavit is ordered to be taken on record. 4. In the result, this application is allowed. The First Information Report being C.R No. I-145 of 2017 registered with the Krishnanagar Police Station, Ahmedabad is quashed. Consequently, all further proceedings pursuant thereto stand terminated. Rule is made absolute. Direct service is permitted.