Gujarat High Court
Appa Ransurbhai Gadhavi vs State Of Gujarat & on 25 November, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/10435/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 10435 of 2012
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APPA RANSURBHAI GADHAVI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR YATIN SONI, ADVOCATE for the Applicant(s) No. 1
MR.BHASH H MANKAD, ADVOCATE for the Respondent(s) No. 2
MR LR PUJARI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 25/11/2014
ORAL ORDER
1. This matter was being adjourned time to time since the parties were keen to settle the matter. The applicant is personally present in the Court and the respondent no.2 is also personally present in the Court. This order is being passed in the presence of both the parties with their consent.
2. Today, when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the parties that the dispute between the husband and wife has been amicably resolved. It appears that the husband has agreed to pay an amount of Rs.10 lac by way of a permanent alimony. He has agreed to pay this amount to his wife towards the full and final settlement. It also appears that he has issued three postdated cheques. The details of which are stated in the undertaking, which has been filed by the applicanthusband. The Page 1 of 3 R/CR.MA/10435/2012 ORDER respondent no.2 has agreed to the settlement arrived at. The undertaking of the husband on oath reads thus: "1. I, Appa Ransurbhai Gadhavi, the applicant herein do hereby undertake on oath and on solemn affirmation as under.
2. That Opponent No.2 was my wife. My wife, opponent No.2 had filed M. Case No.1 of 2012 at Surendranagar City Police Station against me and one Laxmi Devi for the offences punishable u/s.406, 494 and 114 of IPC. I have filed above mentioned Misc. Criminal Application No.10435 of 2012 in this High Court u/s.482 of Cr.P.C. for quashing of the said M. Case No.2 of 2012.
3. During the pendency of the above mentioned Misc. Criminal Application No.10435 of 2012, with the help of friends and relatives, the parties have settled the dispute by way of executing customary Deed of Divorce on 22.11.2014 between myself, the applicant no.1 and my wife,Opponent No.2. A copy of the said customary Deed of Divorce is annexed herewith and is marked as AnnexureI.
4. I state that we have manually determined the permanent alimony amount of Rs.10.00 lakhs with a condition that the said amount shall be treated as full and final amount towards the various demands of the Opponent No.2. It was also agreed that henceforth, the Opponent No.2 is not entitled to claim any amount including the alimony pending in any proceedings and arrears if any.
5. I had personally handed over three cheques of the following particulars:
a. First Cheque No.192102 dated 21.11.2014 for Rs.3.50 lakhs drawn on State Bank of India, Jawahar Nagar Branch, Rajkot.
b. Second Cheque No.192103 dated 05.03.2015 for Rs.3.00 lakhs drawn on State Bank of India, Jawahar Nagar Branch, Rajkot.
c. Third Cheque No.192104 dated 05.05.2015 for Rs.3.50 lakhs drawn on State Bank of India, Jawahar Nagar Branch, Rajkot.
6. I state that I had issued above mentioned cheques in favour of my wife Urmilaben towards full and final settlement and permanent alimony. I hereby undertake that all cheques issued by me will be honoured on its due date.
Page 2 of 3R/CR.MA/10435/2012 ORDER
7. I also undertake to abide by all the terms and conditions mentioned in the said Customary Deed of Divorce executed on 22.11.2014.
8. What is stated above is true."
The same be kept on record of the case.
3. My attention has also been drawn to the fact that the parties have dissolved the marriage by way of a Customary Deed of Divorce executed and duly signed by the parties. The deed is also ordered to be taken on record.
4. In view of the amicable settlement arrived at between the parties, no useful purpose would be served to allow the investigation of M. Case No.01 of 2012 to proceed further.
5. In the result, this application is allowed. The F.I.R. being M. Case No.01 of 2012 registered at Surendranagar City Police Station, Surendranagar is hereby ordered to be quashed. All consequential proceedings pursuant thereto also stand terminated.
The parties are directed to abide by the terms of undertaking as agreed.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 3 of 3