ARVINDBHAI AMRUTLAL DOMADIYA @ PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks to invoke the inherent powers of this court, praying for quashing of the first information report being II C.R. No. 141 of 2014 lodged before the Mahila Police Station, Rajkot of the offence punishable under sections 498(A), 323 and 504 of the Indian Penal Code and sections 3 and 7 of the Dowry Prohibition Act and the proceedings of the Criminal Case No.7211 of 2014 pending in the court of the learned 9th (Ad-hoc) Addl. Civil Judge & JMFC Court, Rajkot on the ground that there has been an amicable settlement between the parties and the respondent No.2- original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2-Smt. Pujaben W/o. Nikunjbhai Pethani @ Patel is personally present and she confirms about the settlement arrived at with the accused person. The respondent No.2- Smt. Pujaben W/o. Nikunjbhai Pethani @ Patel is identified by her learned advocate Mr. Valimohammed Pathan. Smt. Pujaben W/o. Nikunjbhai Pethani @ Patel has also filed an affidavit, inter alia, stating as under:

(2.) Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.

(3.) In the result, this application is allowed. The first information report being II C.R. No. 141 of 2014 lodged before the Mahila Police Station, Rajko and the proceedings of the Criminal Case No.7211 of 2014 pending in the court of the learned 9th (Ad-hoc) Addl. Civil Judge & JMFC Court, Rajkot are hereby ordered to be quashed. All consequential proceedings arising from the same also stand terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Valimohammed Pathan, the learned advocate appearing on behalf of the respondent No.2. Direct service is permitted.