Gujarat High Court
Ankit Anantbhai Desai & vs State Of Gujarat & on 19 February, 2013
Author: K.M.Thaker
Bench: K.M.Thaker
ANKIT ANANTBHAI DESAIV/SSTATE OF GUJARAT R/CR.MA/1731/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 1731 of 2013 ================================================================ ANKIT ANANTBHAI DESAI & 2....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: MR PARTHIV B SHAH, ADVOCATE for the Applicant(s) No. 1 - 3 NOTICE SERVED for the Respondent(s) No. 2 MS RAVAL APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE K.M.THAKER Date : 19/02/2013 ORAL ORDER
1. Heard Mr. Tirthraj Pandya, learned advocate for Mr. Parthiv B. Shah, learned advocate for the petitioners.
The respondent No.2 - Ms. Mittalben is present in the Court.
3. Mr. Tirthraj Pandya, learned advocate for Mr. Parthiv B. Shah, learned advocate for the petitioners has submitted that the alleged offence is about matrimonial dispute and now the petitioners and respondent No.2 have arrived at a settlement.
3.1 He also submitted that before learned Trial Court a Consent Divorce Application is finalized and in the said proceedings respondent No.2 has filed pursis signed by her and she has admitted the settlement.
3.2 Learned advocate for the petitioners also relied on the document at annexure-B (page 12) which purports to be a receipt acknowledging that the ornaments and other jewelry being stridhan have been returned to respondent No.2.
3.3 The respondent No.2 has admitted the factum of the settlement and submitted that she has no objection if the request made in the petition is granted.
4. So as to ascertain the factual position from respondent No.2, learned APP was requested to ask the respondent No.2 about her response to the petitioners request and respondent No.2 informed learned APP that a settlement is arrived at between her and the petitioners and she have no objection if the request made in the petition is granted.
5. Therefore, below mentioned order is passed:-
Rule.
Ms. Raval, learned APP waives service of Notice of Rule on behalf of respondent State.
It would be open to the learned advocate for the petitioners and respondent to make request to the Hon'ble Court, where the petition under Section 482 of the Code are assigned for final hearing as per present roster, for early hearing of present petition.
The respondent No.2 Mittalben shall remain present before the Hon'ble Court when the matter is taken up for hearing so that Hon'ble Court may inquire directly from her about her response at the time of final hearing.
(K.M.THAKER, J.) Suresh 3