(1.) HEARD learned advocate Mr. R.B. Soni for the applicants, Mr. N.B. Soni, learned APP for respondent No. 1 and learned advocate Ms. Manshi A. Macwan appearing for respondent No. 2. The facts giving rise to the present application are that the marriage between Parikshit @ Pareshkumar Jayantilal Soni - brother of the applicant and respondent No. 2 Dipikaben Jitendrabhai was solemnized as per Hindu rites and rituals on 22/1/2005. In the initial four months of marriage, everything was honky dory but thereafter husband of respondent No. 2 started to subject her to physical ill treatment and taunts and meted out physical cruelty for not bringing sufficient dowry. The father -in -law, mother -in -law and sister -in -law were also ill treating respondent No. 2. On 22/4/2007, demand of Rs. 1,00,000/ - and other articles viz. T.V., Refrigerator, Scooter etc was made and respondent No. 2 was beaten black and blue by her husband, mother -in -law, father -in -law, sister -in -law and was driven out from matrimonial home. Respondent No. 2 started living in her parental home and lodged complaint being CR -II -437/2008 with City Police Station, Mehsana for the offences punishable under section 498A and 114 of Indian Penal Code and sections 3 & 7 of the Dowry Prohibition Act against present applicant Parikshit @ Pareshkumar Jayantilal Soni (husband), Jayantilal Manilal (father -in -law), Kanchanben @ Pallaviben Jayantilal Manilal (mother -in -law). The applicant, who is the sister -in -law of respondent No. 2, has approached this Court under section 482 of Criminal Procedure Code for quashing the complaint (Annexure "A") lodged by respondent No. 2. This Court while admitting the application on 24/10/2008, by way of interim relief, further investigation of CR -II - 437/2008 qua the present applicant was stayed.
(2.) LEARNED advocate Mr. R.B. Soni, at the outset submits that the dispute between the applicants and respondent No. 2 is amicably settled by intervention of family elders and marriage between brother of the applicant and respondent No. 2 is dissolved. He has produced photo copy of the marriage dissolution agreement dated 23/11/2009, which is taken on record. He has also produced photo copy of judgement of Criminal Case No. 5001/2009, whereby other accused persons are acquitted by learned J.M.F.C., Mehsana. He has, therefore, urged that this application may be allowed and complaint may be quashed qua the applicant.
(3.) THE Supreme Court in case of Gian Singh Vs. State of Punjab and Another reported in : (2012) 10 SCC 303 has made following observation for quashing of complaint, if matrimonial dispute is settled between the parties: