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Gujarat High Court

Rutvij Nipun Desai Thro Poa Valmikbhai ... vs State Of Gujarat on 17 August, 2022

     R/CR.MA/9778/2022                           ORDER DATED: 17/08/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 9778 of 2022

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     RUTVIJ NIPUN DESAI THRO POA VALMIKBHAI ARVINDBHAI PATEL
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR MAULIK S SHETH(3586) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. MOXA THAKKAR, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                             Date : 17/08/2022

                              ORAL ORDER

1. Rule returnable forthwith. Ms. Moxa Thakkar, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Ms. Tejal Vashi, 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 petitioner seeks to invoke the inherent powers of this court, praying for quashing of the charge-sheet for the offence punishable under Sections 406, 420, 498(A), 323, 294(B), 341, 34, 465, 467, 468, 469, 471, 474, 506(2), 120(B) read with section 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act in connection with the first information report being C.R. No.I-02 of 2016 lodged before the Mahila Police Station, Mithakhali, Page 1 of 4 Downloaded on : Thu Aug 18 20:23:36 IST 2022 R/CR.MA/9778/2022 ORDER DATED: 17/08/2022 Ahmedabad of the offence punishable under sections 406, 420, 498(A), 323, 294(B), 341, 34, 465, 467, 468, 469, 471, 474, 506(2), 120(B) read with section 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act on the 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-Chaitasi D/o. Tushar Shah is personally present and she confirms about the settlement arrived at with the accused person. The respondent No.2- Smt. Chaitasi D/o. Tushar Shah is identified by her learned advocate Ms. Tejal Vashi. Smt. Chaitasi D/o. Tushar Shah has also filed an affidavit, inter alia, stating as under:

"I, Chaitasi D/o. Tushar Shah, aged about 33 years, residing at:-3 Swaraj Nagar, Opp. Manekbaugh Hall, Ambawadi, Ahmedabad-380015, the respondent no.2 and the First Informant of CR.I No.2/2016, filed and registered with Mahila Police Station, Mithakhali, Ahmedabad do hereby on solemn affirmation state as herein as under:-

1. That, I have lodged an FIR being CR No.2/2016 with Mahila Police Station, Mithakhali, Ahmedabad for the offences punishable u/ss.406, 420, 498-A, 323, 294-B, 341, 34, 465, 467, 468, 469, 471, 474, 506(2), 120-B and 114 of Indian Penal Code and sections 3 & 7 of the Dowry Prohibition Act, dated 7.1.2016 against the present applicant and others. That charge-sheet being No.15 of 2017 is filed in connection with the said FIR. That Criminal Case number 24545 of 2017 is instituted pursuant to the above FIR and Charge sheet and the same is pending adjudication before 11 th Additional Chief Metropolitan Magistrate, Ahmedabad.

2. That during pendency of the above proceedings the applicant herein got married in USA and has child from Page 2 of 4 Downloaded on : Thu Aug 18 20:23:36 IST 2022 R/CR.MA/9778/2022 ORDER DATED: 17/08/2022 the said marriage. In view of this fact and because of the intervention and upon the advises given by family members and other elders of community, the deponent and applicant has arrived at an amicable settlement. The deponent and applicant has reduced the terms of consent for compromise vide Deed of Compromise which is notarised on 10.03.2022, a copy of which is annexed hereto and marked as Annexure-R/1. In view of the terms of settlement, I have decided not to proceed with the above referred criminal case and in view of this facts, this Hon'ble Court may kindly exercise its power under section 482 of Code of Criminal Procedure and thereby, be pleased to quash the FIR being CR No.2/2016, filed and registered with Mahila Police Station, Mithakhali, Ahmedabad for the offences punishable u/ss. 406, 420, 498-A, 323, 294-B, 341, 34, 465, 467, 468, 469, 471, 474, 506(2), 120-B and 114 of Indian Penal Code and sections 3 & 7 of the Dowry Prohibition Act, dated 07.01.2016 and Criminal Case number 24545 of 2017 pending before 11th Additional Chief Metropolitan Magistrate, Ahmedabad against the present applicants.

3. That upon the assurance and undertaking given by the applicants and accused No.1, i.e, Rutvij Desai that the terms and conditions of Deed of Compromise which is notarised on 10.03.2022 will be fulfilled in its true letter and spirit, the deponent is filing present affidavit consenting to terminate the proceedings in the nature of above FIR, charge sheet and criminal case against present applicants. In case the terms and conditions of Deed of Compromise are not complied as undertaken and assured, I reserve my right to (I) restore the FIR on the record and register of the police station and/or concerned court (ii) to recall this order of quashing and

(iii) to initiate contempt proceedings.

4. The present affidavit and my decision for getting the present criminal proceedings i.e, FIR quashed is not based upon any force or influences and present affidavit and the contents mentioned in the present affidavit are of free consent and will and without any undue force, influence and threat.

R/CR.MA/9778/2022 ORDER DATED: 17/08/2022 Solemnly affirmed on 17th day of August, 2022 at Ahmedabad."

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 C.R. No.I-02 of 2016 lodged before the Mahila Police Station, Mithakhali, Ahmedabad is hereby ordered to be quashed. All consequential proceedings arising from the same also stands terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Ms. Tejal Vashi, the learned advocate appearing on behalf of the respondent No.2.

Direct service is permitted.

(NIRAL R. MEHTA,J) Vahid Page 4 of 4 Downloaded on : Thu Aug 18 20:23:36 IST 2022