ORDER : J.B. Pardiwala, J. 1. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused Nos.2 and 3 seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No. 3011 of 2011 pending in the Court of the Chief Judicial Magistrate, Ahmedabad (Rural) arising from the First Information Report being C.R. No. I81 of 2011 registered with the Satellite Police Station, Ahmedabad for the offence punishable under Sections 498A and 323 read with 114 of the Indian Penal Code and sections 3 and 7 of the Dowry Prohibition Act. 2. It appears from the materials on record that the respondent No. 2 got married with one Chirag Narendrabhai Shah in the year 1998. In the wedlock, a son named 'Dev' was born. 'Dev', as on date, appears to be 15 years of age. It appears that matrimonial disputes cropped up between the husband and wife, which, ultimately, led to the filing of the First Information Report referred to above. The applicant No. 1 herein is the father-in-law and the applicant No. 2 is the married sister-in-law of the respondent No. 2. The husband is not before this Court. The First Information Report lodged by the respondent No. 2 is extracted hereunder: "Date: 9/2/2011 My name is Hiralben by caste Shah, Age 35 years, Occu: Housewife, residing at B/2/2013, Green Acre, Prahladnagar, Satellite, Ahmedabad. Mob No. 9879010081. On being personally asked, I declare and dictate facts of my complainant that I reside at the aforesaid address with my son Dev, age 8 years since 2nd July, 2010. My husband is residing with his mother Daxaben and father Narendrabhai at Shaym Bungalow, Nr. Poga Nursery, Nr. Shyamal Cross Road, Satellite, Ahmedabad. My mother Shariyuben and father Dineshbhai Joshi are residing at Tirupati Bungalow, Behind Dharti Resort, Palanpur. My marriage was solemnised with Chirag in the year 1998 in Revera Hotel. After our love affair, our marriage was solemnised in presence of the people of society and as per the customs of the society. After marriage, I started living at my in-laws' house with my husband and parents-in-law. I have two sisters-in-law. Both my sister-in-law Alpaben wife of Sanjay Alok and younger sister-in-law Ulupi wife of Niraj Parikh are residing with their in-laws.
After marriage, I started living at my in-laws' house with my husband and parents-in-law. I have two sisters-in-law. Both my sister-in-law Alpaben wife of Sanjay Alok and younger sister-in-law Ulupi wife of Niraj Parikh are residing with their in-laws. After marriage, my husband and father-in-law were frequently taunting me regarding household work and my husband used to get instigated on me on petty issues and he was beating me. My sister-in-law Ulupi wife of Nirajbhai Parikh residing at Rivera Elegance, Satellite, Ahmedabad was frequently visiting my in-law's house and she was instigating my husband and father-in-law and she was also taunting for dowry. On being instigated by her, my husband used to beat me. After about one year of the marriage, one day my father-in-law made indecent demand before me. But I did not tell my husband about this. Because, this may cause quarrel in the house. Before about eight months, when I told my husband about the aforesaid demand made by my father-in-law, my husband got instigated and I was driven out of the house and thereafter, a flat was hired for me in Green Acre, Opposite Prahladnagar Pond. My son and I both are residing in this flat. My husband visits this flat frequently and he also beats me. Today, at about 530 hrs in evening, my husband came to my flat to take my son Dev and he was taking my son to make him meet my parents-in-law. But as my son denied to go, he slapped him. Therefore, my son started crying. I also started stopping him and therefore he left. Therefore, as my husband, father-in-law and sister-in-law Ulupi are harassing me mentally and physically and as they are taunting me regarding dowry and as my son has been also slapped today, here is my complaint to take legal actions. My witnesses are those who are found during the investigation. This much fact of mine is true and correct as dictated by me. I have received a copy of the complaint." 3. On conclusion of the investigation, the police filed chargesheet and the filing of the charge-sheet culminated in the criminal case referred to above. 4. Over a period of time, the respondent No. 2 and her husband thought fit to arrive at an amicable settlement. The settlement has been arrived at and has been reduced into writing duly signed by the parties and notarized.
4. Over a period of time, the respondent No. 2 and her husband thought fit to arrive at an amicable settlement. The settlement has been arrived at and has been reduced into writing duly signed by the parties and notarized. Broadly, the understanding between the parties is that the husband will be transferring the flat in which the wife is residing as on date with son 'Dev' in the name of his wife in the month of April 2018. The husband is paying Rs. 5 Crore to the wife and Rs. 5 Crore to the son. In all, Rs. 10 Crore is to be paid by the husband towards full and final settlement. The understanding further is that in the month of April 2018 i.e. after the flat is transferred in the name of wife, the husband and wife will be filing an application under section 13B(1) of the Hindu Marriage Act before the Family Court concerned for dissolution of marriage with mutual consent. The undertaking filed by the husband duly notarized and on oath is ordered to be taken on record. 5. The husband namely Chirag Narendrabhai Shah is present in the Court today. The respondent No. 2 namely Hiralben Chiragbhai Shah is also present in the Court today. The respondent No. 2 makes a statement that as settlement has been arrived at, she has no objection if the proceedings of the criminal case against the two applicants herein are quashed. The respondent No. 2 made herself very clear that so far as the husband is concerned, she would give consent for quashing of the criminal proceedings once the flat is transferred in her name, the marriage is dissolved and the payment of Rs. 5 Crore is paid to her. The husband made himself very clear that he would try to make the payment of Rs. 5 Crore by the end of July 2018. 6. It shall be thereafter open for the husband to come before this Court with a prayer to quash the criminal proceedings against him. If everything has gone fine by that period of time, then the respondent No. 2 shall remain present before this Court and give her consent. 7. In view of the above, this application is allowed.
6. It shall be thereafter open for the husband to come before this Court with a prayer to quash the criminal proceedings against him. If everything has gone fine by that period of time, then the respondent No. 2 shall remain present before this Court and give her consent. 7. In view of the above, this application is allowed. The proceedings of the Criminal Case No. 3011 of 2011 pending in the Court of the Chief Judicial Magistrate, Ahmedabad (Rural) arising from the First Information Report being C.R. No. 181 of 2011 registered with the Satellite Police Station, Ahmedabad are hereby quashed so far as the two applicants herein are concerned. Rule is made absolute. Direct service is permitted.