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Judgment
RULE. Shri Kashyap Jani, learned advocate for M/s. R.C. Jani & Associates, waives service of notice of rule on behalf of respondent no.1 and Shri Rakesh Patel, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent no.2 - State.
This application is preferred seeking quashing of the FIR, bearing C.R. No. II 255 of 2013 registered with Kadi Police Station, District Mehsana for the alleged offences punishable under Sections 494, 506(2) and 114 of the Indian Penal Code, by the applicants.
Shri Maulin Barot, learned advocate for the applicants is not present. However, Shri Kashyap Jani, learned advocate, submitted an affidavit, duly affirmed by respondent no.1 herein, who is the first informant, affirmed on 04.02.2019, whereby he has declared his wish that he does not want to continue with the FIR. He has also declared that he is giving his consent for quashing of the said FIR. Alongwith the affidavit he has annexed a deed of divorce executed on a stamp paper as per the custom prevailing in their caste, and therefore, the very cause for which the FIR came to be filed will not survive. At the same time, since he is the first informant, he is not willing to proceed further with the FIR filed by him for the aforesaid offences, and therefore, it would be in the fitness of things to quash the same. The offences are very personal in nature, being offences punishable under Sections 494 and 506(2) of the Indian Penal Code. It would be desirable that the proceedings, initiated against the applicants, at the instance of the first informant who does not wish to proceed further, be quashed. Hence, the impugned FIR, being C.R. No. II 255 of 2013 registered with Kadi Police Station, District Mehsana for the alleged offences punishable under Sections 494, 506(2) and 114 of the Indian Penal Code filed against the applicants, is hereby quashed and set aside.
In view thereof, the present application is allowed. Rule is made absolute accordingly.