SHUBHASHBHAI @ SHUBAM BACHUBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Himanshu Patel, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the first respondent and Mr. A.B. Munshi, learned advocate, waives service of notice of rule on behalf of the second respondent. Having regard to the facts of the case and with the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(2.) BY this petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973, the petitioners seek quashing of the first information report registered vide Naranpura Police Station I -C.R. No.388 of 2013. The second respondent, who is the wife of the petitioner No.1, lodged the above referred first information report against the petitioners herein alleging commission of the offences punishable under sections 498A, 323 and 114 of the Indian Penal Code. It appears that subsequently, the parties have amicably sorted out their differences, pursuant to which, the second respondent has returned to her matrimonial home and is now residing with the petitioner No.1 herein.

(3.) MR . Parth Divyeshvar, learned advocate for the petitioners, submitted that in the light of the fact that the parties have amicably resolved the dispute between them, the second respondent is no longer interested in prosecuting the petitioners. Under the circumstances, the first information report in question is required to be quashed and set aside. Mr. Ariez Munshi, learned advocate for the second respondent has reiterated the submissions advanced by the learned advocate for the petitioners. It is submitted that the parties have entered into a compromise, pursuant to which, the second respondent is now staying with her husband - petitioner No.1 and there is no complaint or enmity with the petitioners who are her in -laws. It is submitted that in these circumstances, it would be in the interest of justice to quash the first information report in question. This court has also heard Mr. Himanshu Patel, learned Additional Public Prosecutor for the first respondent.