PATEL MAHESH PRAVINBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under section 482 of the Code of Criminal Procedure the petitioners have prayed for quashing and setting aside the impugned FIR registered as CR No.I-001 of 2013 registered before the Gambhoi Police Station, Sabarkantha for the alleged offences under sections 498(A), 323, 307, 294(A) and 114 of Indian Penal Code. Heard Mr. Devang Joshi, learned Advocate for the petitioners, Mr. Abhaykumar Shah, learned Advocate for respondent No.2 - first informant and Ms. Moxa Thakkar, learned APP. for respondent No.1. Mr. Devang Joshi, learned Advocate for the petitioners and Mr. Abhaykumar Shah, learned Advocate for respondent No.2-first informant have stated before the Court that the parties have settled the issue. Both the learned Advocates have further submitted that petitioner No.1 and respondent No.2 have reunited again as husband and wife and at present stay together. It is further submitted that even the compromise is entered into between the petitioners and respondent No.2-the first informant. Considering the aforesaid facts, it is not necessary to discuss the allegations made in the FIR in detail. It is alleged in the FIR that petitioner No.3 got hold of first informant and petitioner No.2 poured some medicine in the mouth of the first informant. In addition to this, there are further allegations of ill treatment and beating for which it is further alleged in the FIR that the first informant took treatment in Avishkar Hospital.

(2.) MR . Devang Joshi for the petitioners has submitted that the FIR came to be lodged due to some misunderstanding between the parties and the dispute was of matrimonial dispute. Mr. Joshi further submitted that the parties have amicably resolved the issue and petitioner No.1 and respondent No.1 have reunited and stay together as husband and wife. Mr. Joshi further states that any further continuation of criminal proceedings in relation to the impugned FIR against the petitioners-original accused would be unnecessary harassment to the petitioner No.1 and the first informant in particular as they are reunited in life. Mr. Joshi further submitted that trial would be futile and the same would amount to abuse of process of law. Mr. Joshi further invited the attention of this Court that the first informant has filed affidavit today wherein it is contended by the first informant herself that the parties have amicably resolved the issue. Mr. Joshi further submitted that in order to secure the ends of justice this Court may exercise its inherent jurisdiction u/S. 482 of the Code.

(3.) MR . Abhaykumar Shah has filed his appearance for respondent No.2 ­ the first informant today. Mr. Shah has also tendered affidavit referred to by Mr. Joshi which is already taken on record. Mr. Shah has reiterated all the contentions which are raised and have submitted that the parties have amicably resolved the issue and respondent No.2 at present is staying with petitioner No.1 husband ­ Maheshbhai Pravinbhai Patel. Mr. Shah identified respondent No.2 ­ Priyanka who is present in the Court. On inquiry respondent No.2 ­ Priyanka has declared before this Court that now she stays with petitioner No.1 ­her husband happily.