Case quashed when money exchanged!!
"…. 2) I say that I had filed one FIR against my husband, namely,
Vishal Mukeshbhai Parekh and others on 18/04/2014 for
the offences punishable u/s.498(A), 504, 506(1) of the IPC and u/s.3
& 7 of the Dowry Prohibition Act…."
"…..4) I say that as per the terms and conditions of
the said settlement/ customary divorce agreement, I have agreed to
settle all the disputes permanently with applicant no.1
(husband) and his entire family, on payment of Rs.25,00,000/
(rupees twenty lakhs only) and it is also agreed that
the aforesaid amount would be towards full and final
settlement between the parties i.e. permanent alimony, maintenance,
divorce by mutual consent etc, as elaborately stated in the said
agreement dated 25/02/15…."
…and so ends a marriage, when MOOLAH is exchanged !!
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 5987 of 2015
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VISHAL MUKESHBHAI PAREKH & 4....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR RAJESH K KANANI, ADVOCATE for the Applicant(s) No. 1 - 5
MS REETA CHANDARANA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 27/03/2015
ORAL ORDER
1. Rule returnable forthwith. Ms. Chandarana, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Bhavesh L. Hajare, the learned advocate has entered appearance on behalf of the respondent No.2 original first informant and waives service of notice of rule.
2. By this application, the applicants original accused seeks to invoke the inherent powers of this court under Section482 of the Code of Criminal Procedure, 1973 for quashing of the F.I.R. being C.R. No.I 128 of 2014 filed before the Naranpura Police Station, District Ahmedabad for the offence punishable under Sections498A, 504, 506(1) of the I.P.C. and Sections3 and 7 of Dowry Prohibition Act, which culminated in Criminal Case No.4633 of 2014 pending in the Court of the learned Judicial Magistrate First Class, Ahmedabad (Rural).
3. Today, when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the respective parties that the parties have amicably settled the dispute. The quashing of the FIR is prayed for with the consent of the respondent no.2 the first informant. The respondent no.2 viz.Aktaben W/o. Vishal Parekh is personally present in the Court and she is being identified by her learned advocate Mr. Hajare. She has also filed an affidavit interalia stating as under:
"1) I say that I have been read over and explained the contents of
the application for quashing, alongwith the annexures and
I am aware about the facts of the case. I am filing the present
affidavit in reply in support of the application and to bring
certain facts to the notice of this Hon'ble Court and
for the purpose of getting the complaint/ case filed by
me, quashed by this Hon'ble Court.
2) I say that I had filed one FIR against my husband, namely,
Vishal Mukeshbhai Parekh and others on 18/04/2014 for
the offences punishable u/s.498(A), 504, 506(1) of the IPC and u/s.3
& 7 of the Dowry Prohibition Act at Naranpura Police Station, being
numbered as CR NO.I128/14 and on completion of investigation, the
chargesheet was filed and the same is numbered as Criminal Case
No.4633/14, which is pending in the court of Ld.
JMFC, Ahmedabad (Rural).
3) I say that thereafter the matter is amicably settled between the
parties in the presence of family members, relatives and frineds and
a settlement/ customary divorce agreement dated 25/02/2015 is also
executed between the parties on nonjudicial stamp papers of Rs.100,
signed by the parties in the presence of witnesses and a notary.
I confirm having fully understood & agreed to the terms of the
settlement and I say that I have voluntarily signed and executed the
said settlement/ customary divorce agreement dated
25/02/2015.
4) I say that as per the terms and conditions of
the said settlement/ customary divorce agreement, I have agreed to
settle all the disputes permanently with applicant no.1
(husband) and his entire family, on payment of Rs.25,00,000/
(rupees twenty lakhs only) and it is also agreed that
the aforesaid amount would be towards full and final
settlement between the parties i.e. permanent alimony, maintenance,
divorce by mutual consent etc, as elaborately stated in the said
agreement dated 25/02/15. it is also submitted that I have
already withdrawn all the cases/ proceedings filed by me against
the applicants/inlaws, in all the courts/ police
stations forthwith. It is also agreed that the amount agreed as
aforesaid would be payable stage wise, as narrated in
the settlement agreement.
5) I say that have received Rs.15,00,000/ )rupees fifteen lakhs
only) immediately on signing of the settlement agreement
itself, vide DD no.431610, dated 24/02/15 drawn on
Kotak Mahindra bank Ltd., Dr. Yagnik Road, Rajkot. That amount of
the said DD is already credited to my account.
6) I say that I have already withdrawn the proceedings filed by me
under the provisions of Domestic Violence Act, 2005, pending in Ld.
Metropolitan Magistrate Court No.2 at Ahmedabad and
application for maintenance being filed u/s.125 of Cr.P.C. in the
Court of Ld. Family Court Judge, Ahmedabad. I would never claim any
amount towards the maintenance or alimony as I have agreed to accept
the amount as stated in settlement agreement, towards full and final
settlement.
7) I say that I have also filed H.M.P. No.358/15 to obtain the
decree of divorce by mutual consent in the Family
Court at Ahmedabad, the contents of which are true and correct.
8) I say that the matter is amicably settled between the parties,
an agreement for settlement is executed, the parties have also acted
upon and performed their part, amount as agreed is being paid and
private cases are already disposed and in this
background of peculiar facts, the present quashing
application is required to be allowed, in the interest of
justice.
9) I say that I have no objection if the complaint filed by me and
the criminal case arising out of the same is quashed by this Hon'ble
Court by allowing this quashing application as the
disputes are permanently settled.
10) I say and confirm that the contents of the
quashing application as well as this reply are true and correct.
11) I say that I am filing this affidavitinreply in support of the
quashing application, out of my free will and volition, without any
force, fraud collusion or coercion."
The affidavit is ordered to be taken on record.
4. Taking into consideration the fact that the dispute between the parties has been amicably settled, no useful purpose would now be served to allow the criminal case to proceed http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com
5. In the result, this application is allowed. The further proceeding of Criminal Case No.4633 of 2014 pending in the Court of the learned Judicial Magistrate First Class, Ahmedabad (Rural) arising from the C.R. No.I128 of 2014 filed before the Naranpura Police Station, District Ahmedabad are ordered to be quashed. Consequently, all further proceedings pursuant to the FIR shall stand terminated.
The Registry shall accept the vakalatnama of Mr. Bhavesh L. Hajare, the learned advocate who has entered appearance on behalf of the respondent no.2.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
Aruna
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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. 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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