Kamleshbhai Ditabhai Mavi and Others vs State of Gujarat and 1 Another

R.M. Chhaya, J.—Heard Mr. V.B. Malek, learned advocate for Mr. M.A. Kharadi for the applicants and Mr. Alkesh N. Shah, learned Additional Public Prosecutor for respondent No. 1 State. Mr. Mohsin M. Hakim, learned advocate states that he has instructions to appear on behalf of respondent By way of this application u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing and setting aside the FIR bearing CR No. I-140 of 2011 registered with Dahod Town Police Station, District Dahod for the offence punishable under Sections 363, 366, 323, 504, 506(2) and 114 of the IPC.

Mr. Malek, learned advocate for the applicants submitted that the allegations levelled in the FIR have been made in heated moments and are not true. It is submitted that the daughter of the respondent No. 2 has married with Naresh Kamleshbhai Mavi. It is further submitted that both the daughter of respondent No. 2 and son of applicant No. 2 have solemnized valid marriage and the same is subsisting. It is submitted that both the daughter of the first informant -Manisha and son of applicant No. 2 - Naresh stay together as on date and are parents of newly born child. It is, therefore, submitted that as such the parties have amicably resolved the issue because of the intervention of the elders of the society. It is, therefore, submitted that in view of the amicable settlement arrived at, any further continuance of the proceedings pursuant to the impugned FIR would result into harassment to the present applicants, which would have directly negative impact on the marriage life of the daughter of the complainant - Manisha and son of applicant No. 2 - Naresh. It is further submitted that in view of the fact that the parties have amicably resolved the issue, the trial would be futile and any further proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and therefore, in order to secure the ends of justice, this Court may exercise its inherent jurisdiction u/s 482 of the Code and allow the present application as prayed for.

Mr. Mohsin M. Hakim, learned advocate states that he has authority to appear on behalf of respondent No. 2 and shall file his Vakalatnama by today. Mr. Hakim has also tendered an affidavit of respondent No. 2 which is in Gujarati language. The same is taken on record. Mr. Hakim, relying upon the averments made in the affidavit, contended that the parties have amicably resolved the issue and even respondent No. 2 has declared before this Court that the daughter of respondent No. 2 - Manisha has married with the son of applicant No. 2 - Naresh and they have been blessed with newly born baby girl namely Anjali. Mr. Hakim relying upon the photo-copy of the Election Card issued by the Election Commission of India has also identified respondent No. 2 - Sapuniya Himsinhbhai Chhaganbhai. On inquiry made by the Court, respondent No. 2 has declared that the daughter of respondent No. 2 is happy and stays with her husband and lives a happy married life. Respondent No. 2 has further declared that the parties have amicably resolved the issue as per the customs and no dispute remains. It is, therefore, submitted that this Court may pass appropriate orders as prayed for.

Mr. Alkesh N. Shah, learned Additional Public Prosecutor candidly submitted that as the matter relates to a domestic dispute and as the parties have amicably resolved the issue, this Court may pass appropriate orders more so considering the fact that the daughter of respondent No. 2 has already married with the son of applicant No. 2 and they are parents of newly born child.

It may be noted that on earlier hearing by this Court, it was submitted that the parties have amicably resolved the issue, however, no one appeared for respondent No. 2. The factum that the parties have amicably resolved the issue was also required to be verified through the investigating officer - Mr. J.N. Panchal, Police Inspector, Dahod Town Police Station and he has also verified the same and is personally present today in the Court.

Having heard the learned advocates appearing on behalf of the respective parties, considering the facts and circumstances arising out of the present application as well as considering the decisions rendered in the cases of Gian Singh Vs. State of Punjab and Another, , Madan Mohan Abbot Vs. State of Punjab, , Nikhil Merchant Vs. Central Bureau of Investigation and Another, as well as in the case of Manoj Sharma Vs. State and Others, it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants and the trial would be futile and would also amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR as well as all other proceedings arising out of the impugned FIR are required to be quashed in exercise of powers conferred u/s 482 of the Code.

For the reasons stated hereinabove, the present application is allowed. The impugned FIR being CR No. I-140 of 2011 registered at Dahod Town Police Station, Dahod as well as all other consequential proceedings arising out of the aforesaid FIR are hereby quashed and set aside. Accordingly, this application is allowed in the above terms. Rule is made absolute to the aforesaid extent.