Wednesday, April 1, 2015

25 lakhs moolah after 498a 506 package!!

 

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

 

 

*****************************disclaimer**********************************

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

 

 

PDF uploaded to http://1drv.ms/1alB004

 

 


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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