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Judgment
M.R. Shah, J.—Rule. Mr. Yatin Soni, learned advocate waives service of notice of Rule on behalf of Respondent No. 1 original complainant and Mr. K.P. Rawal, learned Additional Public Prosecutor waives service of notice of Rule on behalf of Respondent No. 2 State.
In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
Mr. S.P. Kotia, learned advocate appearing on behalf of the applicants does not press the present application qua applicant Nos. 1 and 2 i.e. Shardaben Bhimjibhai Kalani and Bhimjibhai Naranbhai Kalani. Hence, the present application is dismissed as withdrawn qua applicant Nos. 1 and 2 i.e. Shardaben Bhimjibhai Kalani and Bhimjibhai Naranbhai Kalani. Under the circumstances, the present application is required to be considered for applicant Nos. 3 to 5 only.
By way of this application u/s 482 of the Code of Criminal Procedure, the applicant Nos. 3 to 5 herein have prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned complaint / FIR being C.R. No. I 38/2010 registered with "B" Division Mahila Police Station, Bhavnagar filed by Respondent No. 1 - original complainant for the offences punishable under Sections 498A, 504, 506(2), 497, 114 & 323 of the Indian Penal Code and Sections 3, 7 & 10 of The Protection of Women from Domestic Violence Act,2005.
After the matter was heard and learned advocates appearing on behalf of the respective parties made elaborate submissions, Mr. Yatin Soni, learned advocate appearing on behalf of Respondent No. 1 - original complainant, under the instruction received from her client, has made statement at the bar that without prejudice to the rights and contentions of the respective parties against other co accused persons in other pending proceedings, she has no objection if the impugned complaint / FIR is quashed so far as applicant Nos. 3 to 5 are concerned.
Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order while quashing and setting aside the impugned complaint/FIR so far as applicant Nos. 3 to 5 are concerned. Hence, this Court is not assigning any further reasoned order as the same may affect the case of the applicants in the other pending proceedings.
In view of the above and in view of the above broad consensus between the learned advocates appearing on behalf of the respective parties and stand taken by learned advocate appearing on behalf of Respondent No. 1- original complainant as recorded hereinabove, FIR being C.R. No. I-38/2010 registered with "B" Division Mahila Police Station, Bhavnagar is hereby quashed and set aside so far as applicant Nos. 3 to 5 i.e. Nileshbhai Bhimjibhai Kalani, Nehal Kalani and Nipulbhai Bhimjibhai Kalani, are concerned. However, the same shall be without prejudice to the rights and contentions of the respective parties against other co-accused persons in the other pending proceedings. Rule is made absolute accordingly.