KISHANBHAI ASHOKBHAI DUDHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Moxa Thakkar, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Atit Thakore, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.

(2.) By this application under sec. 482 of the Code of Criminal Procedure, 1973, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being No.11210022221221 of 2022 lodged before the Kapodara Police Station, Surat City of the offence punishable under Sec. 498(A) , 504 read with sec. 114 of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2-Smt. Priyankaben W/o. Kishanbhai Ashokbhai Dudhat is personally present and she confirms about the settlement arrived at with the accused persons. The respondent No.2- Smt. Priyankaben W/o. Kishanbhai Ashokbhai Dudhat is identified by her learned advocate Mr. Atit Thakore. Smt. Priyankaben W/o. Kishanbhai Ashokbhai Dudhat has also filed an affidavit, inter alia, stating as under:

(3.) Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.