LAWS(GJH)-2012-12-263

ASIFHUSSAIN SHAMSHUDDIN SHAIKH Vs. STATE OF GUJARAT

Decided On December 27, 2012
Asifhussain Shamshuddin Shaikh Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD Mr. Virat Popat, learned advocate for the applicants, Ms. Moxa Thakkar, learned APP for respondent No.1 and Mr. Jayprakash Umot, learned advocate for respondent No.2.

(2.) THE applicants have filed this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for quashing and setting aside the impugned FIR bearing CR No.I305 of 2012 registered with Vejalpur Police Station, Ahmedabad. It appears from the record that by the said FIR, respondent No.2 who happens to be wife of applicant No.1 lodged the said FIR for the alleged offence punishable under Sections 498A, 323, 294B, 506(2) and 114 of the IPC.

(3.) MS . Moxa Thakkar, learned APP candidly submitted that as it is a matter of tender relations between applicant No.1 who is husband and respondent No.2­ who is wife and as averred by respondent No.2, who is present in the Court, that she has no grievance left and therefore, the Court may pass appropriate orders. She, however, maintained that some of the offences are noncompoundable and therefore, the Court may not exercise its jurisdiction under Section 482 of the Code in view of the bar under Section 320 of the Code.