ARVINDKUMAR CHHANALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Hemal A. Dave, learned advocate for the applicants, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent Nos.1 and 2 and Mr.Gaurav J. Dave, learned advocate for respondent No.3first informant/original complainant.

(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.I184 of 2012 registered with Maninagar Police Station, Dist. Ahmedabad for the offences under Sections 498A, 323, 294B, 506(2) of the Indian Penal Code, 1860 (the IPC) and Sections 3 and 7 of the Dowry Prohibition Act.

(3.) MR .Hemal A. Dave, learned advocate for the applicants, has taken this Court to the factual matrix arising out of the present application. It is submitted that the first informant is wife of son of the applicants viz. Shri Chinten. At the outset it is submitted that the impugned F.I.R. does not disclose any offence as alleged and the parties have as such amicably resolved the dispute. It is further submitted that on the basis of such compromise the son of the applicants as well as respondent No.2 have mutually filed an application for divorce as provided under Section 13B of the Hindu Marriage Act, 1955, which is pending before the competent court at Ahmedabad. It is further submitted that respondent No.3 has also filed affidavit dated 16.01.2013 before this Court and, over above that the son of the applicants and respondent No.3 have also executed a compromise agreement dated 16.10.2012. It is therefore submitted that any further continuation of the proceedings pursuant to the impugned F.I.R. shall amount to harassment to the parties and in view of the settlement arrived at between the parties, the 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 secure the ends of justice, this Court may quash the impugned F.I.R. as well as all consequential proceedings arising out of the impugned F.I.R.