Friday, August 23, 2013

get what you want at gun..ok 498a point !! file 498a, compromise, separate and quash..all in 1 year !! Case where wife files 498a, hapless hubby has to agree , then wife agrees to quash and system obliges

get what you want at gun..ok 498a point !! file 498a, compromise, separate and quash..all in 1 year !! Case where wife files 498a, hapless hubby has to agree , then wife agrees to quash and system obliges

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 12281 of 2013
FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
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1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
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JIGARBHAI JAYANTIBHAI PATEL & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR DIPEN DESAI, ADVOCATE for the Applicants No. 1 – 4
MS. ARCHANA RAVAL, LD. APP for the Respondent No. 1
MR. HEMANT RAVAL, ADVOCATE for Respondent No.2
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
Date : 01/08/2013
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R/CR.MA/12281/2013 JUDGMENT
ORAL JUDGMENT

Leave to amend prayer clause is granted. Same shall be carried out forthwith.

1. Heard learned advocates for the parties. Rule. Ms. Archana C. Raval, learned APP and Mr. Hemant Raval, learned advocate for respondent State and original complainant respectively waives service of notice of rule. Rule is fixed forthwith with the consent of learned advocates for the parties.

2. The petitioners have taken out this petition invoking provision of Section 482 Criminal Procedure Code for quashing the complaint being C.R. No. I-120/2012 lodged with Shahpur Police Station, District Ahmedabad, for the offences punishable under sections 498 (A) and 114 of Indian Penal Code r/w section 3 & 7 of Dowry Prohibition Act, 1961 and prayed for quashment of the complaint as well as charge sheet and further proceeding arising there from being Criminal Case No. 403 of 2012 arising therefrom.

3. The matter is compromised and settled between the parties. Learned counsel for the complainant has placed on record settlement affidavit of complainant-respondent no.2 in compilation of this petition. In view of this, learned counsels for the parties have requested this Court to dispose of the matter and the complaint may be quashed.

4. Learned advocates for the parties have submitted that the complaint was filed on account of matrimonial dispute, which are private dispute. The parties have settled their dispute and now they are residing peacefully. The parties i.e. petitioner no.1 in this petition and complainant respondent no.2, i.e. husband and wife respectively have decided to get separated from their matrimonial ties. Learned advocate for respondent no.2 also produced on record affidavit sworn by the complainant, wherein it is clearly stated that the dispute between the parties has been amicably settled and compromise has been arrived at between them. She has also stated that all the pending cases against the petitioners party will be withdrawn in view of amicable settlement and hence, if the complaint is quashed, then she has no objection. The respondent no.2 has agreed to withdraw the impugned complaint and has agreed to give consent for quashing of impugned F.I.Rs and subsequent proceedings arising therefrom. Hence quashment of the same is sought by way of this petition.


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS DOT NIC / GUJARAT HC WEB SITE 
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