TANMAYBHAI ASHOKBHAI MISTRY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have prayed for quashing and setting aside FIR being C.R.No.11208001200115 registered with Rajkot City Police Station, for the offences punishable under Ss. 498(A), 323, 504, 506(2), 114 of the IPC, u/s 3 and 4 of the Dowry Prohibition Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.

(2.) The judgment of Family Suit No.375 of 2024 is placed on record, which indicates that the petition filed has been allowed and the matrimonial cord between the parties are snapped. This shows that the nightmare between the parties is now over. Copy of said judgment of family suit is taken on record. Thus, sending the petitioners to face the trial is a futile exercise.

(3.) In the case of Geeta Mehrotra Versus State Of Uttar Pradesh [2012 (10) SCC 741], the Hon'ble Apex Court has held in para 15, 16,17, 20,21 and 25 as under :-