SANJAYBHAI HIMATBHAI DHAKHADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the first information report bearing C.R. No. 11193024210328 of 2021 registered with Jafrabad Police Station, Amreli, for the offences punishable under Sections 376(2)(n), 506(2), 503 of Indian Penal Code and the proceedings initiated in pursuance thereof.

(2.) Heard Mr. Malaykumar S. Patel, learned advocate for the applicant, Mr. Pranav Trivedi, learned APP for the respondent No.1-State and Mr. Dharam Kalpesh Raval, learned advocate for the respondent No.2-complainant. Learned advocate Mr. Dharam Raval is permitted to file vakalatnama on behalf of respondent No.2-complainant.

(3.) Learned advocate for the applicant submits that it is a case of extra marital relationship and the victim lady was married and in a haste under the influence of the family members she had filed a complaint, and now because of intervention of the family members and the friends, the dispute has been resolved and the victim does not want to pursue with the FIR. The victim is present before this Virtual Court through the office of learned advocate Mr. Dharam Kalpesh Raval, who has identified the complainant, and on inquiry, she submitted that under haste she had filed the FIR and now she does not want to continue with the prosecution and the family members have resolved the issue. The affidavit of the complainant is produced on record and she has affirmed the affidavit. It has been submitted that the FIR was a result of extra marital relationship and the husband and the victim herself does not want to pursue with the FIR and is being the family matter and for the dignity and the status of the family in the society they want to withdraw from the prosecution. This Court has also verified from the victim that it is under her own consent the settlement was arrived at free will without any force or coercion, she withdraw the prosecution and submits that she does not want to pursue the FIR.