ANKIT ANANTBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Tirthraj Pandya, learned advocate for the applicantsoriginal accused and Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1State. Though served none appears for respondent No.2first informant.

(2.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the applicants have prayed for quashing of F.I.R. being C.R. No.I8 of 2012 registered at Mahila Police Station, Anand for the offences under Sections 498A, 323, 504, 506(2), 114 of the Indian Penal Code, 1860 (the IPC) as well as Sections 3 and 7 of the Dowry Prohibition Act, 1961.

(3.) MR .Tirthraj Pandya, learned advocate for the applicantsoriginal accused, has submitted that the impugned F.I.R. along with other proceedings were filed by respondent No.2 before the civil court. Denying the averments made in the impugned F.I.R. it is submitted that as such applicant No.1 and the first informant have separated and a decree of divorce is passed under Section 13B of the Hindu Marriage Act, 1955 by the competent court civil court. It is submitted that the parties, being near relatives, with intervention of the elders, have resolved the dispute, which was more of a civil and domestic nature. It is submitted that in view of the settlement arrived at between the parties and more considering the order dated particularly 09.11.2012 passed by 7th Additional Senior Civil Judge, Anand in H.M.P. No.95 of 2012, any further continuation of the proceedings pursuant to the impugned F.I.R. shall amount to harassment to the applicants and in view of the settlement arrived at between the parties trial would be futile and the same would also amount to abuse of process of law and court and, therefore, it is submitted that in order to secure the ends of justice, this Court may exercise its inherent jurisdiction under Section 482 of the Code, quash the impugned F.I.R. as well as all consequential proceedings arising out of the impugned F.I.R.