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High CourtsSingle Bench(2019) 03 GUJ CK 0026

Shivlal Vanmalidas Agravat vs State Of Gujarat & 2 Other(S)

Gujarat High Court · Decided on 12 March 2019

HON’BLE JUDGES
Umesh A. Trivedi, J
RESULT
Disposed Off
CASE NUMBER
R/Criminal Misc.Application No. 2351 Of 2014

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Judgment

9 paragraphs · 327 words

Order in CRIMINAL MISC.APPLICATION NO. 2351 of 2014

1.

Rule. Learned APP, Mr.Rashesh Rindai, waives service of rule on behalf of respondent No.1-State and Mr.Jignesh Hajare, learned advocate waives service of rule on behalf of respondent No.2-original complainant.

2.

This application is preferred for quashing of an FIR registered on 18.12.2013 vide C.R.No.I-297 of 2013, registered with Rajkot 'B' Division Police Station for the alleged offences punishable under Sections 365, 354 and 506(2) of the Indian Penal Code by the respondent No.2 herein, who happens to be the sister in-law of the applicant.

3.

Mr.Jignesh Hajare, learned advocate for respondent No.2 i.e. first informant, states that since the matter is settled between the parties and the first informant as also the applicant are near relative, the first informant does not wish to proceed further in this impugned FIR. The copy of an affidavit on stamp paper dated 27.9.2016 is taken on record.

4.

Mr.Hajare, learned advocate for respondent No.2 herein further states that since the sister of the first informant and the applicant are staying together happily and now relations are cordial, there is no harm in quashing of this FIR filed at the instance of respondent No.2. Since the offence is very personal in nature filed against the nearest relative, ends of justice would be met in quashing the FIR instead of permitting it to go on. On the contrary, permitting the FIR to proceed further would prove to be a counter productive.

5.

Hence, the impugned FIR being C.R.N.I-297 of 2013, registered with Rajkot 'B' Division Police Station for the alleged offences punishable under Sections 365, 354 and 506(2) of the Indian Penal Code filed against the applicant is hereby quashed and set aside. Rule made absolute.

6.

Direct service is permitted.

Order in CRIMINAL MISC.APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2019

In view of the disposal of main petition, this Criminal Misc. application will not survive and same stands disposed of accordingly.