BRIJESHBHAI GIRISHBHAI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused to quash and set aside the impugned First Information Report being CR No.II-17 of 2010 registered with Gariyadhar Police Station, District : Bhavnagar for the offences punishable under sections 498A and 114 of Indian Penal Code and under Sections 3 and 7 of Dowry Prohibition Act.

(2.) TODAY when the present petition is taken up for final hearing, which was directed to be placed on board on the Note filed by the learned advocate appearing on behalf of the petitioners that parties have settled the dispute amicably and it is agreed between the petitioner No.1 ? husband ? original accused and respondent No.2 wife - original complainant to get divorce by consent. The learned advocate appearing on behalf of the respective parties have stated at the bar under the instructions of the petitioner No.1 - husband named Brijeshbhai Girishbhai Dave and respondent No.2 wife named Pritiben Arvindbhai Pandya ? original complainant that parties have settled the dispute amicably and it is agreed between the petitioner No.1 - husband named Brijeshbhai Girishbhai Dave and respondent No.2 wife named Pritiben Arvindbhai Pandya ? original complainant to get divorce by consent, for which appropriate proceedings / Hindu Marriage Petition shall be filed by the petitioner No.1 - husband named Brijeshbhai Girishbhai Dave and respondent No.2 wife ? complainant named Pritiben Arvindbhai Pandya jointly before the concerned Family Court under section 13(B) of the Hindu Marriage Act for divorce by mutual consent. It is submitted that under the settlement the petitioner No.1 - husband - original accused No.1 named Brijeshbhai Girishbhai Dave has withdrawn the Hindu Marriage Petition No.828 of 2008 which was filed by him against the respondent No.2 herein ? wife for restitution of conjugal rights and even the respondent No.2 herein - original complainant ? wife has also withdrawn Criminal Misc. Application No.2 of 2010 which was filed by her for the offences under the Domestic Violence. It is further submitted that it is also agreed between the petitioner No.1 ? original accused No.1 - husband named Brijeshbhai Girishbhai Dave and respondent No.2 ? original complainant - wife named Pritiben Arvindbhai Pandya that the petitioner No.1 herein ? husband shall continue to pay Rs.1500/- (Rupees Fifteen Hundred only) to the respondent No.2 wife ? original complainant towards maintenance as per the order passed in Criminal Misc. Application No.36 of 2009, till decree is passed in the divorce proceedings that may be initiated by the respective parties. The learned advocates appearing on behalf of the respective parties have also tendered copy of the withdrawal purses submitted in Criminal Misc. Application No.2 of 2010 singed by the petitioner No.1 husband and respondent NO.2 wife, and submitted in the Court of learned Magistrate, Gariyadhar stating the aforesaid facts while requesting to grant permission for withdrawal of the Criminal Misc. Application No.2 of 2010. The learned advocate appearing on behalf of the respective parties have identified the signatures of their respective clients, more particularly signature of the petitioner No.1 husband - original accused No.1 named Brijeshbhai Girishbhai Dave and respondent No.2 wife - complainant named Pritiben Arvindbhai Pandya. The respondent No.2 wife ? original complainant has stated at the bar that in view of the above, she has no objection if the impugned First Information Report is quashed and set aside.