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Gujarat High Court · body

2017 DIGILAW 1903 (GUJ)

Baldevbhai Punamchand Rana v. State of Gujarat

2017-12-07

J.B.PARDIWALA

body2017
ORDER : J.B. PARDIWALA, J. 1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being I-C.R. No. 55 of 2015 registered at the Petlad Town Police Station, District Anand for the offence punishable under Sections 498A, 323, 506(2) and 406 read with 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act. 2. On 30th November 2017, the following order was passed: “Mr. Kariel, the learned counsel appearing for the applicants submitted that the matter has been amicably settled between the parties. The respondent No. 2-wife has started residing with her husband, i.e. the applicant No. 1. It appears that, as on date, she is pregnant. She would have remain present before this Court to give consent for quashing of the first information report. However, in view of her delicate condition, she has not been able to remain present. In such circumstances, the Investigating Officer of the concerned police station is directed to visit the residence and record the statement of the respondent No. 2 Bhagyasheeben Rajput. The Investigating Officer shall ascertain the wish of the respondent No. 2 as regards the first information report lodged by her. Let such statement be recorded at the earliest and place before this Court for perusal on next Thursday, i.e. on 07.12.2017 A copy of this order be provided to Ms. Thakkar, the learned APP, for its onward communication. On the next date of hearing, the Investigating Officer shall remain present before this Court with the statement of the respondent No. 2. Let the matter appear on 07.12.2017 on top of the board.” 3. Pursuant to the order passed by this Court referred to above, the Investigating Officer visited the residence and recorded the statement of the respondent No. 2-Bhagyashreeben Rajput. Ms. Moxa Thakkar, the learned A.P.P. appearing for the State places on record the statement for my perusal. On reading of the statement, it appears that there has been reconciliation between the parties. The respondent No. 2 is happily residing as on date at her matrimonial home. She is also pregnant. The statement of the respondent No. 2 recorded by the Investigating Officer is ordered to be taken on record. 4. In such circumstances referred to above, this application is allowed. The respondent No. 2 is happily residing as on date at her matrimonial home. She is also pregnant. The statement of the respondent No. 2 recorded by the Investigating Officer is ordered to be taken on record. 4. In such circumstances referred to above, this application is allowed. The First Information Report being I-C.R. No. 55 of 2015 registered at the Petlad Town Police Station, District Anand is hereby quashed. Rule is made absolute. Direct service is permitted.