Gujarat High Court
Pradipbhai Batukbhai ... vs State Of Gujarat on 18 April, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/1622/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1622 of 2018
With
R/CRIMINAL MISC.APPLICATION NO. 1623 of 2018
With
R/SPECIAL CRIMINAL APPLICATION NO. 8762 of 2016
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PRADIPBHAI BATUKBHAI PIPALIYA(PRAJAPATI)
Versus
STATE OF GUJARAT
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Appearance:
MR JOHNSEY P MACWAN(5498) for the PETITIONER(s) No. 1
MR VIJAL P DESAI(5505) for the RESPONDENT(s) No. 2
MR RAKESH PATEL, APP (2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 18/04/2018
ORAL ORDER
1. Leave to correct the cause title.
2. As the issues raised in all the captioned petitions are inter connected and the parties are also the selfsame, those were heard analogously and are being disposed of by this common judgment and order. The Criminal Misc. Application No.1622 of 2018 has been filed by the original accused No.1 -
husband with the following prayers:
"7.(A) YOUR LORDSHIPS may be pleased to admit and allow this application and further be pleased to quash and set aside Page 1 of 14 R/CR.MA/1622/2018 ORDER the F.I.R. being I C.R. No. 74 of 2016 registered before the Bopal Police Station, Ahmedabad and further proceedings thereto qua the applicant herein;
(B) Pending hearing and final disposal of the application, be pleased to stay the investigation and further proceedings of the F.I.R. being I. C.R. No. 74 of 2016 registered before the Bopal Police Station, Ahmedabad qua the present applicant;
(C) YOUR LORDSHIPS may be pleased to grant such other and further reliefs as may be deemed, fit, just and proper in the interest of justice."
3. The Criminal Misc. Application No. 1623/2018 has been filed by the applicants - original accused persons with the following prayers:
"7.(A) YOUR LORDSHIPS may be pleased to admit and allow this application and further be pleased to quash and set aside the proceedings of Criminal Miscellaneous Application No. 1105 of 2016 pending before the Court of the Ld. Chief Page 2 of 14 R/CR.MA/1622/2018 ORDER Judicial Magistrate, Ahmedabad (Rural) and further proceedings thereto qua the applicants herein;
(B) Pending hearing and final disposal of the application, be pleased to stay the further proceedings of Criminal Miscellaneous Application No.1105 of 2016 pending before the Court of the Ld. Chief Judicial Magistrate, Ahmedabad (Rural)qua the present applicants;
(C) YOUR LORDSHIPS may be pleased to grant such other and further reliefs as may be deemed, fit, just and proper in the interest of justice."
4. The Special Criminal Application No.8762/2016 has been filed by the applicants - original accused persons with the following prayers:
"8(a) this Hon'ble Court be pleased to quash and set aside the impugned FIR being C.R. No.I 74/2016 pending investigation and registered with Bopal Police Station, Ahmedabad and further proceedings of the said FIR as investigation is still going on and charge-sheet is not filed yet.Page 3 of 14
R/CR.MA/1622/2018 ORDER
(b) Pending admission and final hearing of this petition your lordship may be please to grant stay the further proceedings of the F.I.R. registered vide C.R. I 74/2016 registered with the Bopal Police Station qua petitioners.
(c) Such other and further reliefs as this Hon'ble Court may deem fit and proper be granted in favour of the Petitioners.
(d) Pass such Orders as thought fit in the interest of justice."
5. Thus, the first proceeding between the parties is with regard to the FIR lodged by the wife at the Bopal Police Station. The second proceeding is with regard to the Domestic Violence Act and the third proceeding is with regard to the FIR lodged by the wife but the applicants therein are the parents of the husband.
6. On 06.04.2018, this Court passed the following order:
"The parties have been able to reach to an amicable settlement. The understanding arrived at, as on date, is that the property, in which the wife is Page 4 of 14 R/CR.MA/1622/2018 ORDER residing as on date, situated at Bopal, will be transferred in her name. It appears that the property is in the name of the father-in-law of the lady. Therefore, necessary document will have to be executed by the father-in-law of the lady. Over and above transfer of the property, the husband has agreed to pay an amount of Rs.3.5 Lac to his wife and minor son. Let the modalities be worked out at the earliest. The parties shall come back before this Court on 12th April, 2018.
Let the Special Criminal Application No.8762 of 2016 and the Criminal Misc. Application No.1623 of 2018 be notified with this application on 12th April, 2018.
Post the matter on 12th April, 2018."
7. Thereafter, on 12.04.2018, the following order was passed:
"1. The matter has been amicably settled between the parties.
2. I am informed that the father-in-law has already executed a gift deed of house in favour of his daughter-in-law.Page 5 of 14
R/CR.MA/1622/2018 ORDER
The parties are finalizing the
modalities. The amount of Rs. 3,50,000/- has also been paid by the husband to his wife.
3. Let all the terms of the understanding be reduced into writing in English to be placed on record of this case.
4. Final order shall be passed on the next date of hearing. Post this matter on 18.04.2018 on top of the board."
8. Finally, the parties have been able to settle the matter.
The terms of the settlement reduced into writing duly signed by the parties are ordered to be taken on record. The original settlement deed in writing in vernacular should be kept with the record of this case.
9. The respondent No.2, in all the three matters, namely Hetalben Pipaliya, has filed affidavits inter-alia stating as under:
AFFIDAVIT-IN-REPLY in Criminal Misc. Application No. 1622/2018 "I, Hetalben W/O Pradipbhai Batukbhai Page 6 of 14 R/CR.MA/1622/2018 ORDER Pipaliya, Aged: Adult, Female, Residing at B/47, India Colony, Bopal, Tal.:
Daskroi, Ahmedabad, do hereby on solemn affirm and state as under:
1) The petitioner herein have filed above numbered Criminal Misc.
Application before this Hon'ble Court to quash and set aside the complaint registered before the Bopal Police Station, Ahmedabad being C.R. No. I- 74/2016 for the offences punishable under sections 494, 497, 498(A), 323, 506(2), 114 of the Indian Penal Code and section 3 and 7 of the Dowry Prohibition Act.
2) That, my marriage was solemnized with the petitioner no.1 on 30/11/2008 and initially the marriage life was going smoothly. It is humbly submitted that then after many dispute has arrived and therefore I have filed the impugned complaint against the present petitioner and other accused persons.
3) That, now, the issues between me and petitioners have amicably settled by intervention of family members and elders and now even we have decided to Page 7 of 14 R/CR.MA/1622/2018 ORDER take divorce. Therefore now no grievance has remained between us. The copy of the Divorce deed is annexed herewith for kind perusal of this Hon'ble High Court. Therefore, said complaint may kindly be quashed and set aside in the interest of justice and I have no objection for the same.
4) I say that the above submissions are made upon my instructions and translated and explained in Gujarati to me and the same are true to my knowledge, information, belief and without fear or pressure.
Solemnly affirmed at Ahmedabad on this 18th day of April, 2018."
AFFIDAVIT-IN-REPLY in Criminal Misc. Application No. 1623/2018 "I, Hetalben W/O Pradipbhai Batukbhai Pipaliya, Aged: Adult, Female, Residing at B/47, India Colony, Bopal, Tal.:
Daskroi, Ahmedabad, do hereby on solemn affirm and state as under:
1) The petitioner herein have filed Page 8 of 14 R/CR.MA/1622/2018 ORDER above numbered Criminal Misc.
Application before this Hon'ble Court to quash and set aside the proceedings of Criminal Misc. Application No. 1105/2016 pending before the Court of Learned Chief Judicial Magistrate, Ahmedabad (Rural) filed under the Domestic Violence Act.
2) That, my marriage was solemnized with the son of petitioner no.1 on 30/11/2008 and initially the marriage life was going smoothly. It is humbly submitted that then after many dispute has arrived and therefore I have filed the impugned complaint against the present petitioners and other accused persons.
3) That, now, the issues between me and petitioners have amicably settled by intervention of family members and elders and now even we have decided to take divorce. Therefore now no grievance has remained between us. The copy of the Divorce deed is annexed herewith for kind perusal of this Hon'ble High Court. Therefore, said complaint may kindly be quashed and set Page 9 of 14 R/CR.MA/1622/2018 ORDER aside in the interest of justice and I have no objection for the same.
4) I say that the above submissions are made upon my instructions and translated and explained in Gujarati to me and the same are true to my knowledge, information, belief and without fear or pressure.
Solemnly affirmed at Ahmedabad, on this 18th day of April, 2018."
AFFIDAVIT-IN-REPLY in Special Criminal Application No. 8762/2016 "I, Hetalben W/O Pradipbhai Batukbhai Pipaliya, Aged: Adult, Female, Residing at B/47, India Colony, Bopal, Tal.:
Daskroi, Ahmedabad, do hereby on solemn affirm and state as under:
1) The petitioner herein have filed above numbered Criminal Misc.
Application before this Hon'ble Court to quash and set aside the complaint registered before the Bopal Police Station, Ahmedabad being C.R. No. I-
74/2016 for the offences punishable
Page 10 of 14
R/CR.MA/1622/2018 ORDER
under sections 494, 497, 498(A), 323, 506(2), 114 of the Indian Penal Code and section 3 and 7 of the Dowry Prohibition Act.
2) That, my marriage was solemnized with the petitioner no.1 on 30/11/2008 and initially the marriage life was going smoothly. It is humbly submitted that then after many dispute has arrived and therefore I have filed the impugned complaint against the present petitioners and other accused persons.
3) That, now, the issues between me and petitioners have amicably settled by intervention of family members and elders and now even we have decided to take divorce. Therefore now no grievance has remained between us. The copy of the Divorce deed is annexed herewith for kind perusal of this Hon'ble High Court. Therefore, said complaint may kindly be quashed and set aside in the interest of justice and I have no objection for the same.
4) I say that the above submissions are made upon my instructions and Page 11 of 14 R/CR.MA/1622/2018 ORDER translated and explained in Gujarati to me and the same are true to my knowledge, information, belief and without fear or pressure.
Solemnly affirmed at Ahmedabad on this 18th day of April, 2018."
10. All the three affidavits are ordered to be taken on record and they shall be kept with the record of this case.
11. In view of the above, the Criminal Misc. Application No. 1622/2018 is allowed. The First Information Report being I C.R. No. 74/2016 registered before the Bopal Police Station, Ahmedabad, is hereby quashed. All consequential proceedings pursuant thereto shall stand terminated.
12. In the same way, the Criminal Misc. Application No. 1623/2018 is also allowed. The further proceedings of the Criminal Misc. Application No.1105/2016 pending in the Court of the Chief Judicial Magistrate, Ahmedabad (Rural), are hereby quashed. All consequential proceedings pursuant thereto stand terminated.
13. The Special Criminal Application No.8762/2016 is also Page 12 of 14 R/CR.MA/1622/2018 ORDER allowed. The First Information Report being C.R. No. I 74/2016 registered with the Bopal Police Station is hereby quashed so far as all other co-accused are concerned. Thus, all the proceedings pending before this Court has been put to an end.
14. It is brought to my notice that one proceeding in the form of an application under Section 125 of the Cr.P.C. is pending before the Family Court at Ahmedabad.
15. In view of the settlement arrived at between the parties, the Family Court shall dispose of the said application in accordance with law, at the earliest.
16. Parties are directed to strictly abide by the terms of the settlement.
17. I am informed that the husband has initiated proceedings before the Family Court for divorce by filing application under Section 13(1) of the Hindu Marriage Act.
18. As the parties have settled the matter, the said application shall now be treated as application under Section 13(B) of the Hindu Marriage Act, i.e. for divorce, with mutual Page 13 of 14 R/CR.MA/1622/2018 ORDER consent. The Family Court shall pass an appropriate order dissolving the marriage at the earliest. Rule made absolute in all the above mentioned matters. Direct service permitted.
(J.B.PARDIWALA, J) MAYA Page 14 of 14