DESAI VISHNUBHAI DALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Vishal C. Mehta, learned advocate for the petitioners, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1 State and Mr.P.P.Majmudar, learned advocate for respondent No.2original complainant.

(2.) BY way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 the Code. the petitioners have prayed for quashing and setting aside the F.I.R. being C.R. No.II85 of 2012 registered at Bahucharaji Police Station, Dist. Mehsana for the offences under Sections 498A, 323, 504, 114 of the Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry Prohibition Act as well as all other consequential proceedings arising out of the aforesaid F.I.R.

(3.) MR .Vishal C. Mehta, learned advocate for the petitioners, has taken this Court to the factual matrix arising out of the present petition. It is submitted that the parties have amicably settled the dispute. It is further submitted that in fact petitioner No.1 and respondent No.2 have separated and a consent divorce decree as per their custom has already taken. It is further submitted that respondent No.2 has also filed an affidavit before this Court whereby respondent No.2 has declared that the parties have amicably settled the dispute and, therefore, respondent No.2 has expressed that this Court may quash impugned F.I.R. in view of the aforesaid settlement arrived at between the parties.