PREMENDRAKUMAR CHIMANLAL NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri RC Kodekar, learned APP waives service of rule on behalf of the respondent State. With consent of parties, this matter is taken up for final hearing today.

(2.) By way of this petition under Article 226 of the Constitution of India read with section 482 of Criminal Procedure Code , the petitioners- original accused, the husband of the respondent No.2 and aunt of petitioner No.1 have prayed to quash and set aside the complaint being C.R. No. I 163 of 2006 before the Sabarmati Police Station, Ahmedabad city and the charge sheet issued pursuant to the said complaint.

(3.) The respondent No.2, - original complainant, the wife of the petitioner No.1 filed criminal complaint being C.R. No. I 163 of 2006 registered before the Sabarmati Police Station mainly for the offence u/s 498-A, 323 and 114 of the IPC. It appears that there was some matrimonial dispute between the parties which ultimately lead to filing of the aforesaid complaint. Today, when the matter is called out, the learned advocates appearing on behalf of the respective parties i.e. the petitioner as well as respondent No.2 have jointly submitted that the parties have amicably settled the dispute amongst themselves and it has been agreed to take divorce between petitioner No.1 and respondent No.2 herein and that they have decided not to proceed further with the aforesaid complaint and/or criminal proceedings. An affidavit-in-reply is also filed on behalf of respondent No.2, original complainant. The learned advocates appearing on behalf of the respective parties have relied upon the decision of the Hon'ble Supreme Court in the case of B.S. Joshi and others V. State of Haryana and another reported in 2003(1) GLH 351 and has requested to secure the ends of justice, the complaint as well as charge sheet be quashed as no fruitful purpose will be served in continuing with the criminal prosecution.