Gujarat High Court
Ankita Dilipbhai Jambudi vs State Of Gujarat & on 31 August, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/15963/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 15963 of 2015
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ANKITA DILIPBHAI JAMBUDI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PARTHIV B SHAH, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
DS AFF.NOT FILED (N) for the RESPONDENT(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 31/08/2015
ORAL ORDER
1. By this writ application under section 482 of the Code, the applicant-original accused No.2 seeks to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I.134 of 2015 registered with the Sayajiganj Police Station, Vadodara City for the offence under sections 498A, 506(2), 323 and 114 of the Indian Penal Code.
2. I am told that the dispute has been amicably resolved between the parties. In fact, I have quashed today the first information report filed by the respondent No.2 against another co-accused, i.,e., her own husband on the basis of the settlement which has been reduced in to writing.
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R/CR.MA/15963/2015 ORDER
3. The respondent No.2, Dimpleben has filed an affidavit, inter alia, stating as under:
"I, Dimpleben, W/o. Mehulbhai Dilipbhai Pandya, Aged-39 years, Occupation- Household Work, Residing at A/101, Spensers Court -3, 65, Alkapuri Society, Alkapuri, Vadodara, do hereby solemnly affirm and state on oath as under:
1. I state that after lodging of the FIR and during the pendency of present petition before this Hon'ble Court for quashing of FIR filed by me, I have entered into compromise with the original accused-husband.
2. I state that I have lodged the FIR being C.R. No.I- 153 of 2015 against the petitioner-husband for the offences punishable u/s. 406, 420, 465, 468, 471 and 120(B) of IPC, which is subject matter of present petition.
I state that I have also lodged FIR being C.R. No.I- 135/2015 at Sayajiganj Police Station prior to lodging of above FIR being C.R. No.I-153/2015. I state that the said complaint was lodged for the offences punishable u/s. 498(A), 323, 506(2) of IPC.
3. I therefore say that I have no objection if the FIR and all further proceedings in pursuance thereto against the petitioner are quashed by this Hon'ble Court. I therefore pray this Hon'ble Court to pass appropriate orders quashing the impugned FIR and all further proceedings in pursuance thereto against the Petitioner provided my husband address to the terms and conditions filed by him before the Civil Court-Vadodara.
4. I state that I am filing this affidavit without any force, coercion, threat or pressure. I am filing this affidavit in fit state of mind with my free wish and desire.
What is stated hereinabove is true to the best of my knowledge, information and belief and I believe the same to be true and correct.
Solemnly affirm at Baroda on this 31st day of August, 2015."
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R/CR.MA/15963/2015 ORDER
4. In that view of the matter, this application is allowed. The first information report being C.R. No.I.134 of 2015 registered with the Sayajiganj Police Station, Vadodara City is hereby ordered to be quashed. All consequential proceedings pursuant thereto stand terminated. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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