Gujarat High Court
Nitinbhai Ghanshyambhai Mehta & vs State Of Gujarat & on 7 September, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/16606/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 16606 of 2015
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NITINBHAI GHANSHYAMBHAI MEHTA & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR BM MANGUKIYA, ADVOCATE for the Applicant(s) No. 1-2
MS BELA A PRAJAPATI, ADVOCATE for the Applicant(s) No. 1-2
PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 07/09/2015
ORAL ORDER
1. Rule returnable forthwith. Ms. Punani, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Chanpraj Dodiya, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.
2. By this application under section 482 of the Code of Criminal Procedure, 1973, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being I C.R. No. 28 of 2015 lodged before the Bopal Police Station of the offence punishable under sections 354, 323, 504, 506(2), 498A of the Indian Penal Code and sections 3 and 7 of the Dowry Prohibition Act on the Page 1 of 6 HC-NIC Page 1 of 6 Created On Sat Sep 12 00:18:51 IST 2015 R/CR.MA/16606/2015 ORDER ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2- Mrs. Mira, W/o Savan Nitinbhai Mehta is personally present and she confirms about the settlement arrived at with the accused persons. The respondent No.2- Mrs. Mira is identified by her learned advocate Mr. Chanpraj Dodiya. Mrs. Mira has also filed an affidavit, inter alia, stating as under:
"I, Mrs., Mira, wife of Mr. Sawan Mehta, Hindu, adult, Indian inhabitant to hereby states on Solemn affirmation hereinas under,
1. I say that I am married with Mr. Savan Mehta on September, 27, 2014. My marriage was solemnized at Ganesh Marriage Bureau. After the marriage, I started residing with my husband. My marriage life was happy. We were staying together and we had a very good happy married life. In or about March, 2015, my husband learnt about my friendship with a boy before marriage. The said disclosure created problems in my married life. There was some difference of opinion between us. In fact for the said time, difference of opinion as occurred was so disturbing that I left my husband and started staying with my parents. Some altercation took place on March 20, 2015, therefore, left my husband and started staying with my parent from that day. In fact I had no serious relations with anybody before my marriage. However, I could not convince my husband about the same and therefore, I had no option but to leave my husband. My mother was so scared about my leaving my husband and she was so desperate that she wanted an immediate solution of the said issue and, therefore my mother consulted someone. My maternal uncle was also scared about the same and therefore my mother and my maternal uncle, both started consulting lawyers. My mother and my maternal uncle advised me to file criminal complaint against my husband and my father-in-law. I was not ready to file any criminal complaint. Neither my husband nor my father-in- law did anything which required me to file any criminal complaint against them. My mother advised me that if I Page 2 of 6 HC-NIC Page 2 of 6 Created On Sat Sep 12 00:18:51 IST 2015 R/CR.MA/16606/2015 ORDER wanted to save my marriage, I have to take some drastic actions so as to bring my in-laws on the table to negotiate. Ordinary criminal complaint would not resolve the situation. I was compelled by my mother that I shall file serious criminal complaint against them so that they would pardon me in compromise about my friendship before my marriage. I was not ready to do so. My in-laws and my husband were so loving people that I can't make any criminal complaint or a case against them. Still however I was forced to file a criminal complaint on March, 27, 2015. In the said criminal complaint, I alleged that my father-in-law has taken a liberty with my person. In fact, the allegations made in my complaint were not true and correct. However, I was advised by my mother that I shall make a criminal complaint against my in-laws and my husband which I did with great reluctance.
3. I say that I was repenting from the day one for filing a false complaint against my father in law and my husband. I was longing for my husband from the day one. I was ill advised by my mother and by my maternal uncle. In fact, after filing of the complaint, I lost all contact with my husband. MY husband was not even ready and willing to speak with me on phone. The reaction was an entirely different than what was expected of. This has created frustration in me. I was so frustrated and desperate that at any cost, I wanted to join my husband again. Since, I had no means of communication with my husband because filing of the criminal complaint which strained relations and we were totally incommunicado, created more frustrations for me. I was feeling lonely in this world and I had no hope of rejoining my husband.
4. As the days were passing, I had a feeling that I have no future. I may not be able to join my husband at any point of time. Because of my silly mistake that I did not inform my husband about my friendship before my marriage has resulted into frustration in my life and I was not able to see any way out there from. In the circumstances, I isolated myself. I was trying to contract my husband on mobile, however, I was not successful. Only on 16th of August 2015 I could contact my husband on mobile. We spoke. I tried to convince my husband that I was not responsible for filing about false criminal complaint. However, my husband was not ready to believe me that the complaint was not filed by me and it Page 3 of 6 HC-NIC Page 3 of 6 Created On Sat Sep 12 00:18:51 IST 2015 R/CR.MA/16606/2015 ORDER was filed as advised by my family. My failure to convince my husband created more feelings of frustration which caused nothing but dark future in my life. I was calling my husband every day. I was desperately trying to convince my husband that I cannot live without him. I was also trying to convince him that he shall come at my parental house and shall take me to my home. However, he was not ready to visit my house and informed that I shall seek pardon from my father-in-law and shall voluntarily come to Ahmedabad to join. It may be noted that it was difficult for me as I was not also able to convince my mother to leave the parental house join my husband. This, situation of pendolium created more frustration and my repeated failure to convince my husband led me to entire different thoughts of terminating my life. In fact I lost the vision of life and therefore, on August 20, 2015 at about 4:30 PM, I wrote a note where I sought pardon of my husband and informed him that he shall take me from my parental house and shall allow me to join him. Thereafter, I spoke to my husband on mobile and requested him to come to my house and immediately take me. However, he refused and therefore I consumed cyanide. I was moved in the hospital at Bhuj, and was admitted in ICU where I was kept for 3 days. My husband realized that I cannot stay without him. In fact, we both were loving couple. We cannot stay without each other. From the day one, after the news were received by my husband that I had consumed cyanide, he stopped taking even water. After I regained consciousness, I was discharged from the hospital, my father took me to Ahmedabad and arranged my meeting with my husband. We both have realized that we cannot stay separately. We are born to stay together and therefore my father having realized that the mistake committed of filing criminal complaint shall be corrected. Criminal complaint should be withdrawn. I shall be permitted to stay with my husband. My husband has also realized that he cannot stay without me. MY father-in-law has also realized that whatever has happened shall be, buried as bad memory and we shall be given a new lease of life. Having realized that mistakes, I have decided to withdraw the criminal complaint filed by me against my husband and my father in law. I am staying with my husband since August 28, 2015. I am staying in a joint family with my father in law and mother in law. I have decided to stay together since Page 4 of 6 HC-NIC Page 4 of 6 Created On Sat Sep 12 00:18:51 IST 2015 R/CR.MA/16606/2015 ORDER my husband is only son of his parents. My husband and my father in law have filed the petition for quashing of the First information report. I have settled all disputes with my husband. I do not want to proceed with the said First information report. In fact, I have joined my husband. I am staying with my husband. I have no intention to prosecute either my husband or my father in law. In fact, continuation of this criminal proceeding would destroy my future and my life. Therefore, in the best interest of my life and for me, I would like to discontinue this first information report and therefore, same may be quashed. My husband and my father in law has not done anything to me or any wrong with me. The said first information report does not contain the correct facts and therefore, same may be quashed.
Solemnly affirmed at Ahmedabad on this September 3, 2015."
3. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.
4. In the result, this application is allowed. The first information report being I C.R. No. 28 of 2015 lodged before the Bopal Police Station is hereby ordered to be quashed. All consequential proceedings arising from the same also stand terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Chanpraj Dodiya, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
(J.B.PARDIWALA, J.)
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R/CR.MA/16606/2015 ORDER
Vahid
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