SAMIRBHAI PRAGJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ms.Kruti M. Shah, learned advocate for the applicants, Mr.J.K.Shah, learned Assistant Public Prosecutor for respondent No.1State, and Ms.Bhavna D. Acharya, learned advocate appearing for respondent No.2first informant.

(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 the impugned F.I.R. being C.R. No.I76 of 2010 registered at Mahila Police Station, Surat on 10.09.2010 by respondent No.2first informant for the offences under Sections 498A, 323, 504, 5062. and 114 of the Indian Penal Code, 1860 the IPC. and Sections 3 and 7 of the Dowry Prohibition Act, 1961 as well as all the other consequential proceedings arising out of the aforesaid F.I.R.

(3.) MS .Kruti M. Shah, learned advocate for the applicants, has submitted that the allegations made in the F.I.R. are incorrect and do not reflect the truth. It is submitted that because of some differences between the parties i.e. applicant No.1 and respondent No.2first informant, they have separated. It is further submitted that applicant No.1 and respondent No.2 had also gone to Bangkok and stayed there and thereafter they returned Mumbai for few days. It is further submitted that the allegations leveled in the impugned F.I.R. are made because of some misunderstanding between the parties and in fact they have resolved the dispute amicably. It is contended that applicant No.1 and respondent No.2 have jointly filed a petition for divorce before Family Court at Surat under Section 13b. of the Hindu Marriage Act, 1955. It is further submitted that pursuant to the settlement the applicants have paid an amount of Rs.26,00,000/ and the same has already been credited in the bank account of respondent No.2original complainant and, therefore, any further continuation of criminal proceedings pursuant to the aforesaid impugned F.I.R. would amount to harassment to the present applicants and would amount to abuse of process of court and law. Considering the aforesaid facts, it is submitted that the present application deserves to be allowed.