Gujarat High Court
Rafikbhai Umarbhai Chauhan & 3 vs State Of Gujarat & on 17 October, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/17044/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 17044 of 2014
================================================================
RAFIKBHAI UMARBHAI CHAUHAN & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
MR K S CHANDRANI, ADVOCATE for the Applicant(s) No. 1 - 4
MS HANSA PUNANI APP for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/10/2014
ORAL ORDER
1. Rule returnable forthwith. Ms.Punani, the learned APP waives service of notice of rule for and on behalf of the respondent No.1- State of Gujarat. Mr.Nilay Thakkar, the learned advocate who has entered appearance for the respondent No.2 waives service of rule for and on behalf of the original complainant.
2. By this application, the applicants-original accused seek to invoke the inherent powers of this Court under Section 482 of Code of Criminal Procedure, 1973 for quashing of the F.I.R. Registered vide C.R.No.I- 58 of 2014 registered at Mahila Police Station, Rajkot, lodged by respondent No.2 for the offence punishable under Sections 376, 354(b), 504, 506(2) and 114 of Indian Penal Code.
3. When the matter is taken up for hearing, the learned advocate appearing on behalf of the applicants Page 1 of 4 R/CR.MA/17044/2014 ORDER submits that the dispute has been amicably resolved between the parties and the respondent No.2 has no objection if the First Information Report is quashed. Mr.Thakkar, the learned advocate appearing on behalf of the respondent No.2 confirms that the dispute between the parties has been resolved. The respondent No.2, Sehnazben D/o. Gafarbhai Haji Ismailbhai Katariya, is personally present before the Court and she has been identified by learned advocate, Mr.Thakkar. She has filed an affidavit inter-alia stating that the dispute has been amicably resolved between the parties and she has no objection if the FIR is quashed. The affidavit entered into between the parties is ordered to be taken on record. The relevant portion of the affidavit reads as under:-
"2. I say and submit that I got married in the year with one Imran Noormahmad Chauhan resident of Rajkot and from the said wedlock I have one son named Soaib who is 13 years old, I got separated from my husband in the year because of some disputes with my husband and his family members and thereafter I shifted to my parental home at Upleta.
3. I further state and submit that the petitioners are my nearby relatives and we were also having terms of visiting and staying at each other residence and hence I developed intimacy with the petitioner no.1 and therefore we decided to marry but as the petitioner for one or the other reason avoided marrying with me and therefore I had preferred the present FIR but after the lodging of the FIR I and present petitioner no.1 entered into settlement with the intervention elder members of our family and community performed "Nikaah" before the Priest of the Mosque At Upleta on 23.9.2014 in presence of other family members and relatives, and now we are residing together Page 2 of 4 R/CR.MA/17044/2014 ORDER as husband and wife.
4. I further state that as the petitioner no.1 is my legally wedded husband and other petitioners are my in law I don't wish to proceed with the case ahead and thereafter if the matter is to proceed further, the same would lead to shameful and embarrassing situation for me. I have therefore decided not to proceed with the matter so that harmonious relationship can be maintained with the petitioner and my other in laws, I would prefer not to step in to witness box and to give any type of evidence against the petitioner, neither I wish that the precious time of the Hon'ble Court as well as the investigating agency be wasted in a matter which has already been compromised and therefore the impugned FIR may kindly be quashed on the ground of settlement arrived at between me and the petitioner.
5. I say and submit that the affidavit and settlement are entered into between me and the petitioners and therefore they have approached this Hon'ble for quashing of the said FIR on the ground of settlement and the same is with my free will and consent".
4. It appears that the respondent No.2 - original complainant came in contact with the accused as they are related. The First Information Report was lodged on the premise that the petitioner No.1 had promised the complainant that he would get married to her. However, since such promise was not fulfilled, the respondent No.2 thought it fit to lodge the FIR alleging various offences. It is brought to my notice that today, the petitioner No.1 and the respondent No.2 are lawfully wedded as husband and wife and they have performed Nikah according to their customs. The respondent No.2, Sehnazben D/o. Gafarbhai Haji Ismailbhai Katariya, who is personally present in the Page 3 of 4 R/CR.MA/17044/2014 ORDER Court confirms about her marriage with the petitioner No.1.
5. Taking into consideration the fact that now they have married and the dispute has been amicably settled, no useful purpose would be now served to allow further proceedings of the FIR, being C.R.No.I- 58 of 2014 registered at Mahila Police Station, Rajkot, lodged by respondent No.2 for the offence punishable under Sections 376, 354(b), 504, 506(2) and 114 of Indian Penal Code.
6. In the aforesaid view of the matter, the application is allowed. The FIR registered vide C.R.No.I-58 of 2014 registered at Mahila Police Station, Rajkot, lodged by respondent No.2 for the offence punishable under Sections 376, 354(b), 504, 506(2) and 114 of Indian Penal Code is quashed.
7. Rule is made absolute. Direct service is permitted.
8. Registry to accept the Vakalatnam of learned advocate, Mr.Nilay Thakkar, appearing on behalf of respondent No.2.
(J.B.PARDIWALA, J.) ashish Page 4 of 4