MAHIPALSINH KARANSINH SISODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. J.V.Vaghela, learned Advocate for the petitioners - original accused, Ms. Moxa Thakkar, learned APP. for respondent­State and Mr.H.B. Champavat for respondent no.2 ­ the first informant.

(2.) BY way of this application u/S. 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed for quashing FIR being CR. No.II.3042 of 2010 registered with Bhiloda Police Station, District Sabarkantha for the offences u/Ss.504, 506(2), 507 and 114 of Indian Penal Code as well as all other consequential proceedings arising out of the aforesaid FIR.

(3.) MR . Vaghela, learned Counsel appearing for the petitioners ­ original accused has taken this Court through the allegations levelled in the impugned FIR in particular and submitted that the first informant and his wife as well as the petitioners have amicably resolved the dispute which was predominantly of matrimonial and domestic in nature, any further continuation of the proceedings pursuant to the impugned FIR shall amount to harassment to the parties and in view of the fact that the parties have amicably resolved the dispute and the first informant and sister of petitioners have separated, trial would be futile and the same would also amount to abuse of process of law and Court. Mr. Vaghela therefore submitted that in order to secure the ends of justice, this Court may exercise its inherent jurisdiction u/S. 482 of the Code of Criminal Procedure and quash the impugned FIR as well as all other consequential proceedings arising out of the impugned FIR.