PRABHAT AMBALAL DOCTOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant is a practicing lawyer. The complaint has been filed by the respondent No.2 on 06.06.2011. The applicant is arraigned as an accused No.4 in the aforesaid complaint. Complainant's inlaws are arraigned as accused Nos. 1,2 and 3 respectively. Reading of the complaint indicates that, it is the case of the complainant that the applicant in his capacity as lawyer for the complainant's estranged wife tried to bring in a settlement between the complainanthusband and wife Soniaben. The complainant further avers that he received a call on 24.05.2011 from the advocate, the present applicant that he along with his inlaws have entered into his house, broke open the lock and have taken valuables from the house.

(2.) Nothing in the complaint indicates that the present applicant - accused No.4 was, in any manner responsible for being implicated for the offences under Sections 454, 380, 114 of the Indian Penal Code. At best, the case of the complainant if believed was that the applicantoriginal accused No.4 had only mediated/tried to mediate between the complainant and his estranged wife in settling the matrimonial dispute. As is evident by an order dated 24.07.2015, this Court has passed the following order:

(3.) In view of the order, the applicant herein has filed an affidavit. Reading of the affidavit indicates that after the filing of the First Information Report which is under challenge, the complainant has settled the dispute with his estranged wife and paid a sum of Rs. 3,50,000/ as compensation. The settlement which is on record indicate that the complaint in question would be withdrawn. Paragraph three of the affidavit filed by the applicant also indicates that, though, the trial before the learned Additional Chief Metropolitan Magistrate, Court No.14, Ahmedabad, has commenced, the complainant has not appeared before the trial Court. This appears to be in view of the settlement arrived at between him and his wife.