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Gujarat High Court · body

2018 DIGILAW 42 (GUJ)

Charuben W/o Nitinbhai Joshi Thro Poa Sureshbhai Jhatashankar Joshi v. State of Gujarat

2018-01-09

J.B.PARDIWALA

body2018
JUDGMENT : 1. Rule returnable forthwith. Mr. Devnani, the learned APP, waives service of notice of rule for and on behalf of the respondent No.1 and Mr. R.B. Thakor, the learned counsel, waives service of notice of rule for and on behalf of the respondent No.2. 2. By this application under section 482 of the Cr.P.C., 1973, the applicants seek to invoke the inherent powers of this court praying for quashing of the first information report being C.R. No.I-119 of 2012 registered with the Gandhidham ‘A’ Division Police Station, Gandhidham for the offence punishable under sections 306, 498-A read with 114 of the Indian Penal Code. 3. It appears from the materials on record that the respondent No.2 herein lodged a first information report with regard to the suicide committed by his sister. The deceased, i.e., the sister of the first informant was married with the original accused No.1, namely, Anand Dhansukhlal Joshi. The two applicants before me are the sister-in-law and the brother-in-law (Nandoi) of the deceased. Indisputably, both the applicants have settled at Muskat, Sultanat of Oman. It appears that, at the end of the investigation, charge-sheet came to be filed against the husband and the mother-in-law. The two applicants herein were shown as the absconding accused in the column No.2. The case of the prosecution is that on account of incessant harassment at the matrimonial home, the deceased took the drastic step of committing suicide. The allegation, so far as the two applicants herein are concerned, is that they used to instigate the husband. It appears that the husband and the mother-in-law were put on trial in the Sessions Case No.76 of 2012. As all the witnesses turned hostile, the Trial Court, vide judgment and order dated 22nd March, 2016, acquitted the husband as well as the mother-in-law. The case of the applicants herein is that they have been falsely implicated in the prosecution. They have been residing at Muskat since 1995, i.e., much before the deceased got married with the original accused No.1 (acquitted). 4. I need not adjudicate this matter on merits in the wake of few developments. The first development is that the matter has been amicably settled between the first informant and the two applicants herein. They have been residing at Muskat since 1995, i.e., much before the deceased got married with the original accused No.1 (acquitted). 4. I need not adjudicate this matter on merits in the wake of few developments. The first development is that the matter has been amicably settled between the first informant and the two applicants herein. I would not have accepted the settlement, keeping in mind that the case is one of commission of suicide by the wife on account of harassment as alleged. However, considering the fact that the husband and the mother-in-law have been acquitted by the Trial Court, putting the two applicants herein now on trial, will be nothing but an exercise in futility. 5. The affidavit of the respondent No.2, so far as the two applicants herein are concerned, is ordered to be taken on record. The contents are as under; “I, Hareshbhai S/o. Rashiklal Joshi, male, Aged 37 years Occupation: Business Resident of: H-23, Arihant Nagar, Near Pramukh Swami Nagar, Bhuj, Dist: Kachchh, am the original complainant FIR No.I-119/2012 before the Gandhidham A Division Police Station, Gandhidham, do hereby solemnly affirm as under; 1. I have lodged Criminal complaint being C.R. No.I-119/2012 dated 19.07.2012 registered with Gandhidham A Division Police Station-Gandhidham, District: Kachchh for the offences punishable under section 306, 498A and 114 of Indian Penal Code and sec. 4 of Dowry Prohibition Act against the present petitioners and I am aware about the facts of the case. 2. It is respectfully submitted that, the present FIR was lodged me in the anger as I lost my sister. The fact was that my sister Dipa got married to accused No.1 in the year 2001 and out of wedlock they had two children, Urvin and Akanksha. Akanksha was having problem in the valve of heart and she was operated for the same, but she could not survive. Because of the death of the little girl, my sister was in deep trauma and she was not speaking much to anyone and in the shock and depression she committed suicide. Akanksha was having problem in the valve of heart and she was operated for the same, but she could not survive. Because of the death of the little girl, my sister was in deep trauma and she was not speaking much to anyone and in the shock and depression she committed suicide. As the FIR was lodged in anger and unstable state of time at the relevant time, later on with the interference of reputed persons of society and the family members of both the parties, the dispute has been amicably settled and I have realized that the accused did not do any harassment to my sister and so I have no grievance against the present petitioners. It is respectfully submitted that the Husband and Mother-in-law have already been acquitted by the Learned Sessions Court. The relations between our family and the family of accused are good, the son of my sister is also residing with accused no.1, husband. The present petitioners, accused nos.3 and 4 are sister-in-law and Husband of sister-in-law of my sister, they are resident of Muskat and residing there since before the marriage of my sister, they are also having two children and continuation of FIR and criminal proceedings will destruct their life and their children’s life also, so continuation of the FIR and other proceedings against present petitioner is not in favour of anyone, as we have no grievance surviving. 3. I therefore submit I have no objection if the FIR being C.R. No.I-119/2012 dated 19.07.2012 registered with Gandhidham A Division Police Station- Gandhidham, District Kachchh for the offences punishable under section 306, 498A and 114 of Indian Penal Code and sec. 4 of Dowry Prohibition Act which is filed by me is quashed, alongwith all subsequent proceedings. Solemnly affirmed at Ahmedabad on 26th December, 2017.’ 6. In view of the above, this application is allowed. The first information report being C.R. No.I-119 of 2012 registered with the Gandhidham ‘A’ Division Police Station, Gandhidham is hereby quashed. All consequential proceedings pursuant thereto stand terminated. Rule is made absolute to the aforesaid extent. Direct service is permitted.