HARBALA M SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri RC Kodekar, learned APP waives service of rule on behalf of the respondent State.

(2.) By way of this petition under Article 226 of the Constitution of India r/w 482 of Criminal Procedure Code, the petitioners, original accused have prayed for an appropriate order to quash the criminal complaint being C.R. No. I 46 of 2006 registered with Mahila Police Station, Karanj Ahmedabad as well as charge sheet No.49/06 filed therein.

(3.) A criminal complaint came to be filed by the respondent No.2 herein before the Mahila Police Station, Ahmedabad against the petitioners for the offence u/s 498-A, 294-B, 506(1) r/w 114 of the IPC and section 3 and 4 of the Dowry Prohibition Act and after the investigation, the Investigating Officer has submitted charge sheet before the competent Court. The petitioners have prayed to quash the aforesaid complaint by submitting that the petitioners have not committed the offence as alleged against them and also on the ground that the dispute between the parties is amicably settled and the respondent No.2, original complainant does not want to proceed further with the aforesaid complaint in view of the settlement arrived at before the Family Court, wherein the divorce petition is decreed by the ld. Family Court vide judgment and order dated 14-4-2007.