LAWS(GJH)-2023-6-601

MITUL NAVINCHANDRA MEHTA Vs. STATE OF GUJARAT

Decided On June 06, 2023
Mitul Navinchandra Mehta Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.P.C .") for quashing and setting aside the FIR bearing CR No.I-85/2016 registered with Umara Police Station, Surat for offences punishable under Ss. 498A, 323, 504, 506(2) and 114 of the IPC and Ss. 3 and 7 of the Dowry Prohibition Act as well as all subsequent proceedings arising therefrom.

(2.) Respondent no.2 - Ashkaben is present before this Court. She states that in terms of settlement, money has been deposited and Rs.18.00lacs has been received by her. She submits that the divorce decree was drawn on 21/4/2023 by the learned Principal Judge, Family Court, Surat. Marriage has been dissolved under Sec. 13(B) of the Hindu Marriage Act, 1955 and she submits that she has no objection now if the FIR registered against the accused be quashed.

(3.) The complainant states that she had filed an affidavit on 24/3/2018 disputing the petition but thereafter they had decided to settle the dispute and accordingly, the divorce petition under mutual consent was filed and since the permanent alimony money has been received by her and the marriage has been dissolved, she states that she now has no objection if the FIR gets quashed against the applicants.