Tuesday, February 3, 2015

42.5 Lakhs for quash 498a 323 504 etc & divorce. Very little moolah for a 27 year old woman !

42.5 Lakhs for quash 498a 323 504 etc & divorce. Very little moolah for a 27 year old woman !

* I Sonalben D/o Manjibhai Mohanbhai Munjai, Aged 27 years,
* have lodged FIR @ Mahila Police Station, Surat u/s. 498(A), 323, 504, 506(2) and 114 IPC & Sec 3 & 5 DP Act
...and now .....
* applicant no.1 (husband) has paid amount of Rs. 42, 51,000/­ as permanent alimony / maintenance to present deponent. !!
And thus the story ends !!


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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 or High court websites. 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 movement. SIF as a concept 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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . 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 / INDIAN KANOON WEB SITE
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R/CR.MA/2994/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 2994 of 2014
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VIJAYBHAI RAGHAVBHAI JASANI & 6....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR TULSHI R SAVANI, ADVOCATE for the Applicant(s) No. 1 - 7
MR PRAKASH G PANDYA, ADVOCATE for the Respondent(s) No. 2
MR.VISHAL J DAVE, ADVOCATE for the Respondent(s) No. 2
MS. HIRAL U MEHTA, ADVOCATE for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 3
MS REETA CHANDARANA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 09/01/2015
ORAL ORDER

1.0 Ms. Hiral Mehta, learned advocate states that she shall file his appearance for respondent no.2­ original complainant during the course of the day. With the consent of the parties, the matter is taken up for hearing today.

2.0 Rule. Ms. Reeta Chandarana, learned Additional Public Prosecutor waives service of notice of rule on behalf respondent no.1­ State.

3.0 By way of present application under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the FIR being I­ C.R. No. 10 of 2014 registered with Mahila Police Station, Surat for the offences punishable under Sections 498(A), 323, 504 ,506(2) and 114 of the Indian Penal Code and Sections 3 and 5 of the Dowry Prohibition Act.

4.0 Learned advocate appearing for the applicant has submitted that the dispute between the parties for which the offence was registered is now settled between the private parties and affidavit to that extent is filed by respondent no.2­ original complainant which is produced on record. He further submitted that since the dispute is settled between the applicants and respondent no.2­ original complainant, there is no need to proceed further with the trial. In support of his submission, he placed reliance on the decision of the Hon'ble Apex Court in case of Gian Singh versus State of Punjab & Anr. reported in 2012(10)SCC 303. He therefore, submitted that impugned FIR filed by the original complainant may be quashed and set aside qua the present applicants.

5.0 Ms. Hiral Mehta, learned advocate appearing for respondent no.2­ original complainant­ Sonalben Mohanbhai Munjani has identified respondent no.2­original complainant who is present in the Court. http://evinayak.tumblr.com/  ; http://vinayak.wordpress.com/  ; http://fromvinayak.blogspot.com

6.0 Heard learned advocates for the respective parties and affidavit filed by respondent no. 2 is taken on record. The affidavit is reproduced hereinbelow:


" I Sonalben D/o Manjibhai Mohanbhai Munjai, Aged 27 years, Resident at Village: 73, Keshavpark Society, Ved Road, Katargam, Surat, original complainant and respondent no.2 herein, do hereby solemnly affirm on oath and state here as under:

1. I say and submit that I have lodged FIR being I­ CR No. 10/2014 on 06/02/2014 before the Mahila Police Station, Surat for the offences punishable under Section 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code and under Section 3 and 5 of the Dowry Prohibition Act against present applicants.

2. I state that there was a matrimonial dispute and now it is settled amicably between applicants and present deponent. I state that marriage between applicant no.1 and present deponent turned into customary divorce vide divorce deed dated 04.10.2014 in presence of family members and headmen of the society. I stated that in view of said deed, applicant no.1 has paid amount of Rs. 42, 51,000/­ as permanent alimony/maintenance to present deponent.

3. I state that in view of the conditions of above stated divorce deed, I have withdrawn the Criminal Misc. Application No. 23 of 2014 which was preferred under Section 125 of the Code of Criminal Procedure against applicant no.1. I have also withdrawn the Miscellaneous Application No. 19 of 2014 preferred under the provisions of the Protection of Women from Domestic Violence Act against all the applicants. I state that I and applicant np. 1 also preferred a petition jointly under the provisions of section 13B of the Hindu Marriage Act with a view to obtain consent divorce decree.

4. I state that in view of the above stated divorce deed, I have to withdraw all the criminal as well as civil litigations preferred against applicants.

5. I state that the offence registered against present applicants is compoundable offence and therefore, disputes between parties are settled amicably and therefore, FIR being I­ C.R. No. 10 of 2014 on 06.02.2014 before the Mahila Police Station, Surat for the offences punishable under Section 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code and under Section 3 and 5 of the Dowry Prohibition Act against present applicants kindly be quashed and set aside in view of the above stated facts and circumstances of the case."

 

7.0 It appears from the affidavit filed by respondent no.2­ Sonalben Mohanbhai Munjani that the applicants and respondent no.2­ original complainant have entered into amicable settlement in respect of all disputes between the parties and now there is no grievance against the present applicantshttp://evinayak.tumblr.com ; http://vinayak.wordpress.com  ; http://fromvinayak.blogspot.com

8.0 Considering the overall facts and circumstances of the case, nature of allegations and in view of the fact that the dispute is settled between the parties and in view of the principles laid down in case of Gian Singh (supra), I am of the opinion that the application requires consideration and the same is allowed accordingly. The FIR being I­ C.R> No. 10 of 2014 registered with Mahila Police Station, Surat for the offences punishable under Sections 498(A0, 323, 504, 506(2) and 114 of the Indian Penal Code and Sections 3 and 5 fo the Dowry Prohibition Act is hereby quashed and set aside . Rule is made absolute. Direct service is permitted.

(A.J.DESAI, J.)

niru

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PDF File uploaded to http://1drv.ms/16rR3HL

 

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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist