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2018 DIGILAW 286 (GUJ)

DILIPSINH BHIMSINH GOHIL v. STATE OF GUJARAT

2018-01-29

J.B.PARDIWALA

body2018
JUDGMENT : 1. RULE returnable forthwith. Mr. D.M.Devnani, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Panthil Majmudar, the learned advocate has entered appearance and waives service of notice of rule for and on behalf of the respondent no.2 original complainant. 2. 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 CR II No. 3004 of 2018 registered with the Railway Police Station, District Rajkot, for the offences punishable under Sections 504, 506(2) and 114 of the Indian Penal Code, on the ground that the parties have amicably resolved the dispute. 3. An affidavit dated 21st January, 2018, has been filed on behalf of the respondent no.2 original complainant, inter alia, stating as under : “I, Kishorbhai Makanbhai Kava, aged about 57 years, Residing at Flat No. D/140, Rail Nagar, Popatpara, Opp. Shivam Park Avas Yojna, Taluka Kalyanpur, Rajkot do hereby solemnly affirm and state on oath as under : 1. I am husband of respondent no.2orig. Complainant and I a fully conversant with the facts and circumstances of the case and I are duly competent to file this affidavit. 2. I say that I have gone through the memo of the petition and the facts states in the memo of petition are not disputed by me. At the outset, I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to the F.I.R. Registered as C.R. No. II3004/2018 with Railway Police Station, Rajkot for the offences punishable U/s. 504, 506(2) & 114 of the Indian Penal Code, 1860 as well as all proceedings arising therefrom. 3. I say and submit that my wife who is the complainant in the FIR has in consultation with all the family members have decided top burry all the disputes with the petitioners and I have also no objection with the settlement so arrived between the parties. 3. I say and submit that my wife who is the complainant in the FIR has in consultation with all the family members have decided top burry all the disputes with the petitioners and I have also no objection with the settlement so arrived between the parties. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute the criminal proceedings against the petitioners as the dispute between us has been amicably settled. I state that the complaint filed by my wife being F.I.R. Registered as C.R. No. II3004/2018 with Railway Police Station, Rajkot for the offences punishable U/s. 504, 506(2) & 114 of the Indian Penal Code, 1860 as well as all proceedings arising therefrom may be quashed in the interest of justice. ” 4. Taking into consideration the fact that the parties have amicably resolved the dispute, no useful purpose would now be served to permit the investigation to continue further. 5. In the result, this application is allowed. The First Information Report being CR II No. 3004 of 2018 registered with the Railway Police Station, District Rajkot, is hereby ordered to be quashed. All consequential proceedings pursuant thereto shall also stand terminated. Rule made absolute. Direct service is permitted.