Niranjan Surjibhai Bhagora vs State Of Gujarat on 6 July, 2020

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Gujarat High Court

Niranjan Surjibhai Bhagora vs State Of Gujarat on 6 July, 2020

Bench: Ashokkumar C. Joshi

         R/CR.MA/8628/2020                                            ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 8628 of 2020

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                       NIRANJAN SURJIBHAI BHAGORA
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR AA ZABUAWALA with MS. NAYNAVATI S JETHVA(10030) for the
Applicant(s) No. 1
for the Respondent(s) No. 2
MR CHINTAN DAVE APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 06/07/2020
                                 ORAL ORDER

1. Heard learned advocate Mr. A A Zabuawala appearing with learned advocate Ms. Naynavati S Jethva for the applicant and learned APP Mr. Chintan Dave for the respondent State through Video conference.

2. The applicant Niranjan Surjibhai Bhagora who is the husband of the complainant and serving in the Indian Army has filed this Application for quashing and setting aside the FIR being I-CR No. 23 of 2019 dated 26.12.2019 which came to be registered against the petitioner at ISRI Police Station, District Aravalli for the offences punishable under Sections 498(A), 504, 506(2) and 114 of IPC.

3. Learned advocate Mr. A A Zabuawala for the applicant has submitted that he is agreeable to refer this matter to the Mediation Center at Aravalli and the applicant shall co-operate for amicable settlement.

4. Per contra, learned APP Mr. Chintan Dave has fairly submitted that this would be the best course in this matter.

5. It appears that this matter pertains to matrimonial dispute hence, at the joint request of both the sides and in the interest of justice, it would be just and proper to refer the case to the Mediation Center at Aravalli. Hence, it directed that this matter shall be referred to the Mediation Center at Aravalli and, if the Page 1 of 2 Downloaded on : Mon Jul 06 21:09:59 IST 2020 R/CR.MA/8628/2020 ORDER Mediation Center is not available at Aravalli then the matter shall be referred to the nearest available Mediation Center.

6. As per the available information, Aravalli district and Himatnagar at Sabarkantha District both have no Mediation Centers and therefore, the Mediation Center at Gujarat High Court would be proper to deal with the matter.

Hence, both the parties shall approach the Gujarat High Court Mediation Center at a given date and shall make an endeavor for arriving at an amicable settlement. The Gujarat High Court Mediation Center shall submit the report within three months from the date of receipt of the writ of this Court.

7. Stand over to 10th September 2020. The interim protection granted earlier by this Court vide order dated 24.6.2020, that is, the Applicant shall not be arrested by the Investigating Officer, shall continue till the next date i.e. 10.9.2020.

8. Registry is directed to send the copy of the order to the Gujarat High Court Mediation Center along with the copy of the petition and other relevant papers.

9. Parties be informed accordingly, through fax/ email.

(DR. ASHOKKUMAR C. JOSHI,J) SURESH SOLANKI/zgs/piyush/radhika/jnw Page 2 of 2 Downloaded on : Mon Jul 06 21:09:59 IST 2020

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