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2024 DIGILAW 883 (SC)

Pratik Rakeshbhai Doshi v. State of Gujarat

2024-09-09

J.K.MAHESHWARI, RAJESH BINDAL

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ORDER In furtherance to the previous orders, during hearing, it is informed that the Petitioner – Husband came from abroad and gave his statement in the suit for divorce by mutual consent. After his testimony, the suit has been decreed granting divorce by mutual consent under Section 13B of the Hindu Marriage Act by the Family Court No. 2, Vadodara vide judgment dated 22.08.2024 in Family Suit No. 996 of 2023. 2. Learned counsel for the Petitioner – Husband states that the FIR No.11196007200892/2020 dated 25.10.2020 registered with Gorva Police Station, District Vadodara City, under Sections 376, 406, 420, 498A, 506(1), 120B of the Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry Prohibition Act, 1961, and proceedings arising therefrom which is pending in the Court of District and Additional Sessions Judge, Vadodara in Sessions Case No.25/2023, may be treated to be quashed and disposed of, and consequently, Special Criminal Appeal No. 8830/2021 and Special Criminal Appeal No.10802/2023 (as restored) pending before the High Court may be treated as disposed of. Also, the Criminal Miscellaneous Application No. 3237/2020 under Domestic Violence Act, 2005, may be disposed of. 3. Learned counsel for Respondent No.2 is having no objection for quashment or disposal of the said cases. 4. Accordingly, we dispose of these special leave petitions with the following directions: (1) The decree of divorce by mutual consent has already been passed which is acknowledged by the parties. (2) FIR No.11196007200892/2020 registered with Gorva Police Station, District Vadodara City, under Sections 376, 406, 420, 498A, 506(1), 120B of the Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry Prohibition Act, 1961, and the proceedings arising therefrom, pending in the Court of District and Additional Sessions Judge, Vadodara, in Sessions Case No.25/2023, be treated as quashed and consigned to the record. Consequently, Special Criminal Appeal No. 8830/2021 and Special Criminal Appeal No.10802/2023 (as restored) pending before the High Court be also treated as disposed of. (3) Criminal Miscellaneous Application No. 3237/2020 under Domestic Violence Act, 2005, stands disposed of. (4) Ordered accordingly. Pending applications stand disposed of. A copy of this order be communicated to the Court concerned.