SOHEBKHAN FARIDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Note for Speaking to Minutes is moved by the learned advocate for the applicant to point out that in the order dated 14.09.2018 inadvertently in paragraph4 the words "and the applicants also seeks quashment of the complaint being Criminal Case No.23 of 2016 pending in Court of learned Additional Chief Metropolitan Magistrate, Court No.1, Ahmedabad under Section 12(1), 19, 20(d) of Protection of Women from Domestic Violence Act, 2005" are not typed and the same may be added in the end of the paragraph, and in paragraph No.9, the words "Resultantly, this application is allowed and the impugned FIR bearing C.R. No.I ? 8 of 2016 registered with Mahila Police Station, Dist. Ahmedabad filed against the present applicants is hereby quashed and set aside qua the applicants. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants. Rule is made absolute." are typed instead of "Resultantly, both the applications are allowed and the impugned FIR bearing C.R. No.I ? 8 of 2016 registered with Mahila Police Station, Dist. Ahmedabad and complaint being Criminal Case No.23 of 2016 pending in Court of learned Additional Chief Metropolitan Magistrate, Court No.1, Ahmedabad filed against the present applicants are hereby quashed and set aside qua the applicants. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants. Rule is made absolute."

(2.) Such error shall stand corrected to read paragraph No.4 as "By way of these applications under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing and setting aside F.I.R. bearing C.R. No. I ? 8 of 2016 registered with Mahila Police Station, Dist. Ahmedabad for the commission of offence punishable under Sections 498(A), 323, 506(2), 114 of the India Penal Code and Section 3 & 7 of the Dowry Prohibition Act as well as quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants and also seeks quashment of the complaint being Criminal Case No.23 of 2016 pending in Court of learned Additional Chief Metropolitan Magistrate, Court No.1, Ahmedabad under Section 12(1), 19, 20(d) of Protection of Women from Domestic Violence Act, 2005" in place of "By way of this applications under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing and setting aside F.I.R. bearing C.R. No. I ? 8 of 2016 registered with Mahila Police Station, Dist. Ahmedabad for the commission of offence punishable under Sections 498(A), 323, 506(2), 114 of the India Penal Code and Section 3 & 7 of the Dowry Prohibition Act as well as quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants" and paragraph No.9 shall be read as "Resultantly, both the applications are allowed and the impugned FIR bearing C.R. No.I ? 8 of 2016 registered with Mahila Police Station, Dist. Ahmedabad and complaint being Criminal Case No.23 of 2016 pending in Court of learned Additional Chief Metropolitan Magistrate, Court No.1, Ahmedabad filed against the present applicants are hereby quashed and set aside qua the applicants. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants. Rule is made absolute." in place of "Resultantly, this application is allowed and the impugned FIR bearing C.R. No.I ? 8 of 2016 registered with Mahila Police Station, Dist. Ahmedabad filed against the present applicants is hereby quashed and set aside qua the applicants. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants. Rule is made absolute." in the order dated 14.09.2018.

(3.) The Note for Speaking to Minutes is disposed of.