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Judgment
Rule. Learned APP, Mr.Rakesh Patel, waives service of rule on behalf of respondent No.1-State. Since respondent No.2 has already communicated through the Police Inspector, Gambhoi Police Station herein, about her non willingness to continue with the FIR, no necessity to waive the Rule on her behalf.
On 7th January, 2019, following order was passed:
"Shri Maulik N Shah, learned advocate for the applicant requests for some time to ascertain whether the matrimonial dispute between the parties is resolved or not. Hence, stand over to 16.01.2019".
The Police Sub-Inspector, Gambhoi Police Station has inquired with Respondent No.2 herein about matrimonial dispute with the petitioner herein, in a communication received by Police Inspector, Gambhoi Police Station signed and addressed by Respondent No.2 herein wherein, it is disclosed that she is not willing to proceed further with the FIR registered vide a C.R.No.I-50 of 2014 registered with Gambhoi Police Station for offence under Sections 498-A, 323 of Indian Penal Code. The communication addressed by Respondent No.2 to Police Inspector, Gambhoi Police Station produced by learned APP, is taken on record.
Learned advocate, Mr.Maulik N.Shah, for the petitioner has also produced a xerox copy of divorce deed dated 8.10.2016 executed in between the respondent No.2 and the petitioner herein as per their custom which is having force of law, as claimed. Copy of the divorce deed dated 8.10.2016 is taken on record. It appears that the matrimonial dispute in between the parties has been settled and both have settled in their life and more particularly when Respondent No.2 herein is not willing to proceed further with the said FIR and in view of divorce deed executed in between them, no fruitful purpose would be served by continuing the investigation into the said FIR. Hence, FIR bearing C.R.No.I-50 of 2014 registered with Gambhoi Police Station at the instance of Respondent No.2 herein is quashed and any further proceedings initiated pursuant thereto is also quashed. Rule is made absolute.