Gujarat High Court
Siddhi Dipenbhai Thakkar vs State Of Gujarat & on 7 May, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/19067/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 19067 of 2013
(FOR QUASHING & SET ASIDE FIR/ORDER)
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SIDDHI DIPENBHAI THAKKAR....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR RJ GOSWAMI, ADVOCATE for the Applicant(s) No. 1
MR GAURANG K PATEL, ADVOCATE for the Respondent(s) No. 2
MR NJ SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 07/05/2015
ORAL ORDER
1. Mr.Gaurang K. Patel, learned advocate states that he has instruction to appear on behalf of respondent No.2 original complainant and he shall file his appearance within a period of one week.
2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
3. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973, the applicant original accused person, has prayed for quashing of the FIR registered at CR No. I - 31 of 2013 dated 9.2.2013 before Navrangpura Police Station, Ahmedabad filed against her for the offenses punishable under Sections 498(A) and 118 of the Indian Penal Code and under Section 3 and 7 of the Dowry Act, on the ground that the dispute has already been settled between the parties.
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4. Mr.Gaurang K. Patel learned advocate has identified the respondent No. 2 - original complainant, who is present in the Court. He would submit that the respondent No.2 - original complainant has filed an affidavit wherein she stated that the dispute between the parties has been amicably settled; she does not have any grievance against the applicant and, therefore, she has no objection if the impugned FIR is quashed against the applicant - accused.
5. The affidavit filed by the original complainant is taken on record, which reads as under:
"I, Dhawani Wife of Ankit Kirtibhai Shah, Aged 26 years, Sex : Female, Having residing as B/5, Kailash Apartment Nr. Joshi's Clinic, Nr. Jalaram Crossing, Elishbridge, Ahmedabad on solemn affirmation states as under:
1. I say that I am the original first informant who has lodged an FIR with Navrangpura Police Station, Ahmedabad being IC.R.No. 31/2013 against the present petitioner and it has been culminated into Criminal Case No. 258/2013 pending in the Court of the Hon'ble Metropolitan Magistrate Court No. 13, Ahmedabad, for which the present proceedings for quashing are filed.
2. I say that I have resolved the dispute with the petitioner and I do not have any grievances against any of the accused in the impugned FIR and has decided to separate with the accused No. 1 i.e. husband and has also decided to withdraw all the proceedings pending before the lower Court.
3. I say that therefore, in view of the aforesaid facts and circumstances, I do not wish to prosecute against the present petitioner. Therefore, if the FIR and subsequent proceedings are quashed and Page 2 of 3 R/CR.MA/19067/2013 ORDER set aside qua the applicant and other accused in the impugned FIR then I have no objection.
What is stated herein above is true to the best of my knowledge information and belief and I believe the same to be true and correct."
6. Considering the aforesaid aspects that the dispute between the parties has been settled amicably and complainant does not want to pursue her complaint and in view of the decision of the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and Anr., as reported at (2012) 10 SCC 303, in my opinion, the present application requires consideration. Hence, the present application is allowed. The impugned FIR registered at FIR registered at CR No. I - 31 of 2013 dated 9.2.2013 before Navrangpura Police Station, Ahmedabad filed against her for the offenses punishable under Sections 498(A) and 118 of the Indian Penal Code and under Section 3 and 7 of the Dowry Act and subsequent proceedings thereunder, if any, is hereby quashed and set aside. Rule is made absolute accordingly. Direct Service is permitted.
(A.J.DESAI, J.) *Kazi...
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