Gujarat High Court
Dr. Anup V Vidhani & 2 vs State Of Gujarat & on 20 April, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/3229/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 3229 of 2011
With
SPECIAL CRIMINAL APPLICATION NO. 2090 of 2012
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DR. ANUP V VIDHANI & 2....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1 - 3
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2
MS KIRAN D PANDEY, ADVOCATE for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 20/04/2015
ORAL ORDER
1. Since the issues involved in both the captioned applications are interrelated and the dispute is between the husband and wife, those were heard analogously and are being disposed of by this common order.
2. In Special Criminal Application No.3229 of 2011, the applicant-husband appearing in person has prayed for the following reliefs:
"(A) Be pleased to admit the present petition;
(B) The senior citizen petitioners 2,3 aged 70 years and 61 years of whom petitioner 3 Smt. Sudha Vidhani aged 61 years is handicapped hence Petitioner 2 Shri Vinod Vidhani aged 70 years prays to represent her in the Page 1 of 9 R/SCR.A/3229/2011 ORDER present proceedings as all petitioners are party in person.
(C) Be pleased to issue appropriate writ, order or direction, quashing and setting aside the order dated 25.04.2011 passed below exbh.164 and and 175 passed in Criminal Misc. Application No.23 of 2008 passed by learned Judicial Magistrate First Class, 2nd Court, Vadodara, whereby it has been decided to reject the application below Exhb.164 and 175 and be pleased to register complaint against respondent No.2 for the offences punishable under Sections 191 and 193 etc. of the IPC for giving false deposition and false evidence as they were knowingly done to purposefully cause monetary harm to petitioner husband and to cause mental harassment and implicate senior citizen and handicapped mother & father of petitioner-husband who are aged 61 years [mother] and 70 years [father] in this false DV case.
(D) Pending admission and till final disposal of this petition, be pleased to issue appropriate writ, order or direction for the lower courts where these false affidavits have been made respondent-wife to obtain various reliefs.
(E) Be pleased to pass such other and further order/s as may be deemed fit in the interest of justice.
(F) To forgive petitioners for procedural or any other errors caused due to representation as party-in-person."
3. In Special Criminal Application No.2090 of 2012, the applicant husband has prayed for the following reliefs:
"a. Be pleased to admit the present petition.
b. Be pleased to stay execution proceedings vide case no.47/11, related to the order passed by the sessions Court Vadodara dated 25/05/2012 vide appeals 58/11 & 60/11 till the final disposal of investigations of Court Page 2 of 9 R/SCR.A/3229/2011 ORDER record tempering by the Registrar (vigilance) High Court of Gujarat.
c. Be pleased to issue appropriate writ, order or direction to stay and pass ad interim order to stay all proceedings related to Crl. Case 23/08 as the evidence recorded by the Presiding Judicial Officer in Crl. Case No:-
23/08 is presently under dispute and currently under investigation by Hon Gujarat High Court.
d. Be pleased to reserve the right of the petitioners to file amendment in this application accordingly 8BB The petitioners, party in persons, pray to this Hon'ble Court that till the applications dated 19.10.2012, with written legal submission dated 3-12-2012, further legal submission dated 22-1-2013 and further affidavit dated 21-2-2013 given in SCRA 2090/2012 be considered the integral part of the main petition.
8CC Your Lordships be pleased to quash and set aside the orders dated 25-5-2012 passed in Criminal Appeal 58/11 of Sessions' Court Vadodara and order of the 2 nd Court JMFC Vadodara dated 30-4-2011 passed in Criminal application 23/08.
8DD Your Lordships be pleased to get the issue of the false certificate issued by JMFC 2nd Court Vadodara investigated urgently and stringently under present honourable Court's supervision under Article 235 as per directions of the Hon'ble Supreme Court of India.
8EE Be pleased to direct labor court to consider original Income Tax Returns and balance sheets of the petitioner (Exhibit 33 and exhibit 102) before deciding maintenance and not to assess the income of petitioner by their own acord of all courts of Gujarat and consider the financial independence of the respondent No.2 who is earning and residing in her own home since June 2008 and has refused to occupy the accommodation provided by the petitioner.
8FF Be pleased to direct the respondent -2 to return the amount of Rs.2,45000/- with interest to the petitioners since it has been obtained by her fraudulently by concealing her own salaried income and tampering of Page 3 of 9 R/SCR.A/3229/2011 ORDER court records.
8GG Be pleased to take necessary steps/disciplinary action against the person(s) responsible for 256 additions and cancellation Ex.21 and Ex.37 in the court records and changing the meaning of sentences to the benefit of respondent -2 to for committing forgery/tampering with government document which are also part of court records (Exh.145 of Cr. Case 23/08 Vadodara).
8HH To take necessary steps against judicial officer who specifically did not assign the page number and is responsible for the missing information vital for the defense of the petitioners (Exhibit- 171 of Cr. Case 23/08 Vadodara).
8II To expedite the proceedings seeing to the age and health (senior citizens and physically disabled) of petitioners-2 and 3. It has been total 5 years (1600 days), 210 days in High Court, 450, days since court record tempering reported to vigilance High Court.
8JJ To call for record and proceedings of the Cri. Case No.23/08 2nd Court JMFC Vadodara and Cri. Appeal No.25/09.
8KK To note my contention and observations of the present Hon'ble Court regarding Exh.171 where the page numbers have not been assigned specifically on the cross examination of the petitioners and the vital information given by the petitioners in their defense is missing.
8LL All the proceedings against the petitioners be dropped as no evidence and no witness. Mote than 47 false and contradictory affidavits are filed by respondent
2. Respondent -2 has not approached any Court of law with clean hands hence as per the directions of the Hon'ble Supreme Court, no relief should be given to the respondent 2.
8MM To prosecute respondent -2 u/s 191, 193 of IPC prejury for filing false and contradictory statement and misleading the present court and Sessions and Trial court of Vadodara.
8NN To prosecute respondent-2 u/s 465, 467, 471, 420, Page 4 of 9 R/SCR.A/3229/2011 ORDER 120(B) IPC of forgery and u.s 419 for personation for the criminal mishcief done by her in the savings account of the petitioner Bank of Baroda Harni Branch and her admission of this crime in cross-examination in Cri. Case No.23/08 JMFC 2nd Court Vadodara.
8OO In order investigation on Exhibit-145, court records , that prima facie contains the handwriting the respondent-2 and her obtained order of compensation on this document without signature and stamp of doctor.
8PP To impose heavy costs upon the respondent for not coming to the honourable court with clean hands as per directions of the Hon'ble Supreme Court.
8QQ To impose heavy costs on the respondents for not following the due process of law and draining out 5 years of the petitioners 1,2, and 3 in a false and fabricated case to extort money and abusing the process of the court.
8RR To compensate for social stigma, compromise in health, loss of Government job of petitioner 1, loss of the income of petitioner for 5 years and in future too from the judicial officer, respondent 1 and 2.
8SS Since the petitioners have impeccably proved vide doctor's original certificate, oral evidence, prescription, receipts that the respondent is suffering crom psychotic depression 7-8 years before marriage, to declare this fraudulent marriage as null and void."
4. Having regard to the nature of the dispute between the parties, I made a fervent appeal to the husband as well as to the wife to bring an end to this long drawn litigation. It appears that both the sides married for the second time. The first marriage of the husband and the wife was dissolved. They both, thereafter, married for the second time. For some reasons or the other, they could not adjust in life. The maladjustment in the marital life became so bitter and severe that both the sides started knocking the doors of the court. It Page 5 of 9 R/SCR.A/3229/2011 ORDER appears from the record that they have entered into an endless litigation. It appears that they are into this litigation past almost five years.
5. After speaking to them personally one after the other, I was able to convince both of them that continuation of this litigation is not going to help them in any manner. It is nothing but waste of time, energy and at the expense of health. The husband and the wife both paid heed to my fervent appeal and finally decided to bring an end to this long drawn litigation. The wife made it very clear that she does not want anything, in the sense, that she is ready to settle the entire dispute unconditionally. She has agreed that she will not initiate any proceedings of any nature in future and would not claim anything from the husband. She made it very clear that as on today, she is earning her livelihoods serving as a teacher and is residing with her mother and her brother. She also made it very clear that she withdraws all allegations against the husband and his family members.
6. On the other hand, the husband has also made it very clear that he would wind up and withdraw all the proceedings which have been initiated against the wife in the courts below. He also submitted that he would not initiate any proceedings of any nature in future and would not levell any allegations. The husband also made it clear that he withdraws all allegations levelled against the wife.
7. In that view of the matter, I requested both the sides to give me a list of the proceedings pending as on today. A list has been provided to me regarding the pending cases. It Page 6 of 9 R/SCR.A/3229/2011 ORDER appears that in the 2nd Court of the learned JMFC, Vadodara, there are two applications i.e. Criminal Misc. Application No.47 of 2011 and 24 of 2012 for execution of the orders passed by the courts below are pending which are the subject matter of challenge in the present two petitions.
8. There is a Hindu Marriage Petition No.1401 of 2010 filed by the husband in the court of the Family Court, Vadodara for dissolution of the marriage.
9. There is a Criminal Case No.22084 of 2014 pending in the court of the Chief Judicial Magistrate, Vadodara filed by the husband against the wife.
10. Since the matter has been amicably settled, the two petitions before me are disposed of accordingly. The further proceedings of the Criminal Case No.22084 of 2014 pending in the court of the Chief Judicial Magistrate, Vadodara are hereby ordered to be quashed. Now coming to the Hindu Marriage Petition No.1401 of 2010, it has been decided between the parties that the wife will give her consent before the Family Court for dissolution of marriage. The wife has made it very clear and has agreed before this court that she will be giving her consent to the Family Court for dissolution of the marriage. The Hindu Marriage Petition No.1401 of 2010 filed by the husband for dissolution of the marriage under the Hindu Marriage Act shall be treated now as one under section 13(b) of the Hindu Marriage Act for dissolution of the marriage with consent of the wife. The Court concerned shall give top priority to the matter in view of the settlement arrived at between the parties and in the peculiar facts and circumstances of the case, the statutory time period as provided under section 13(b) of Page 7 of 9 R/SCR.A/3229/2011 ORDER the Hindu Marriage Act shall also be waived. Such purshis or such procedure shall be completed within a period of 15 days from today. If need be, the parties will request the Family Court, Vadodara to take up the matter i.e. Hindu Marriage Petition No.1401 of 2010 on priority basis and put an end to the case. In short, if there are any proceedings pending before any court or any other authority initiated by either of the parties, both the parties have agreed and make a statement before this court that they will terminate the proceedings as they have decided to live in peace. I again make it clear that the wife has submitted that she does not demand anything from the husband and in future also she will not make any such demand.
11. I am sure that this settlement which has been arrived at today will go a long way so far as the future of both the parties is concerned. A hard fought litigation, for no reason, is ultimately being brought to an end after a period of five years. The husband will be able to decide his future course and the wife also will be able to now decide her future.
12. In the result and in light of the settlement arrived at between the parties, the present proceedings are disposed of accordingly. The parties have agreed that they both will appear on 23rd April, 2015 before the Family Court at Vadodara and shall do the needful as directed by this court. The marriage shall be dissolved unconditionally in light of the settlement arrived at.
(J.B.PARDIWALA, J.)
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R/SCR.A/3229/2011 ORDER
Vahid
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