NITISH BRIJNANDAN LAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocates for the parties in both the petitions. Rule. Ms. H.B. Punani,learned APP and Mr. Mrudul Barot for respondent State and original complainant respectively waives service of notice of rule. Rule is fixed forthwith with the consent of learned advocates for the parties.

(2.) THE petitioners in both the petitions have taken out these petitions invoking provision of Section 482 Criminal Procedure Code for quashing the complaint being C.R. No. I-185/2009 lodged with Madhavpura Police Station, District Ahmedabad, for the offences punishable under sections 498 (A) and 114 of Indian Penal Code, r/w section 3 and 7 of Dowry Prohibition Act; and another complaint being C.R. No. I-300/2009 which also is lodged with Madhavpura Police Station, District Ahmedabad, for the offences punishable under sections 406 and 114 of Indian Penal Code and prayed for quashment of prior to and subsequent proceedings arising there from.

(3.) LEARNED advocates for the parties have submitted that the complaints were filed on account of matrimonial dispute, which are private dispute. The parties have settled their dispute and now residing peacefully. The parties i.e. accused no.1 in both the complaints and petitioner no.1 in both these petitions with respondent no.2 in these petitions have decided to get separated from their matrimonial ties. Hence, they executed customary divorce which is annexed with Criminal Misc. Application No. 5714/2013 at Annexure-B and the complainant has willingly shown to withdraw the case against the accused. Learned advocate Mr. Mrudul Barot appearing for complainant lady also produced on record affidavits sworn by the complainant in both the matters, wherein it is clearly stated that the dispute between the parties has been amicably settled and compromise has been arrived at between them, including the dispute of dowry amount and the articles etc. for which she has now no complaint and hence, if the complaints are quashed, then she has no objection. The affidavits are taken on record. The respondent no.2 has agreed to withdraw the impugned complaints and has agreed to give consent for quashing of impugned F.I.Rs. Hence quashment of the same are sought by way of these petitions.