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Cites 16 docs - [View All]
Section 294 in The Indian Penal Code
Section 506 in The Indian Penal Code
Section 114 in The Indian Penal Code
Section 406 in The Indian Penal Code
Section 420 in The Indian Penal Code

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Gujarat High Court
Dhavalkumar Ripujiyabhai Jani & 8 vs State Of Gujarat & on 21 June, 2016
                 R/CR.MA/8224/2015                                               ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                 FIR/ORDER) NO. 8224 of 2015
         ==========================================================
                 DHAVALKUMAR RIPUJIYABHAI JANI & 8....Applicant(s)
                                     Versus
                      STATE OF GUJARAT & 1....Respondent(s)
         ==========================================================
         Appearance:
         DELETED for the Applicant(s) No. 1 - 2 , 4
         MR KARTIK V PANDYA, ADVOCATE for the Applicant(s) No. 3 , 5 - 9
         MR VIKRAM J THAKOR, ADVOCATE for the Respondent(s) No. 2
         Mr.Ronak Rawal, APP for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                                      Date : 21/06/2016


                                        ORAL ORDER

This petition has been preferred seeking the following prayers:-

"A. Your Lordships may kindly be pleased to admit and allow this petition .

B. Your Lordships may be pleased to quash and set aside the FIR bearing No. I-CR No. 166 of 2015 registered with Odhav Police Station, Ahmedabad for the offences punishable under Sections 498(A), 294(B), 506(2), 406, 420, 323 and 114 of the IPC r/w. Section 3 & 7 of the Dowry Prevention Act, in above stated facts Page 1 of 7 HC-NIC Page 1 of 7 Created On Fri Jun 24 01:10:17 IST 2016 R/CR.MA/8224/2015 ORDER and circumstances of the case and in the interest of justice;

C. Your Lordships may be pleased to pending admission, hearing and final disposal of this petition, to stay the further investigation of the FIR bearing No. I-CR No. 166 of 2015 registered with Odhav Police Station, Ahmedad for the offences punishable under Sections 498(A), 294(B), 506(2), 406, 420, 323 and 114 of the Indian Penal Code r/w. Section 3 and 7 of the Dowry Prevention Act, in above stated facts and circumstances of the case and in the interest of justice;

D. Your Lordships may kindly be pleased to pass any other and further orders as may be deemed fit and proper, in the interest of justice.

During the pendency of this petition, the parties have settled their disputes amicably. Respondent No.2-original complainant is present before this Court. She has filed an affidavit in support of the petitioner stating that on account of intervention of the elder members of family and respectable people of village, the parties have chosen to bury ill-will and settled the disputes fully and finally.

Divorce petition is filed under the Hindu Marriage Act being HMP No. 665 of 2016 for seeking Page 2 of 7 HC-NIC Page 2 of 7 Created On Fri Jun 24 01:10:17 IST 2016 R/CR.MA/8224/2015 ORDER divorce by mutual consent under Section 13(B) which is pending before the Family Court, Ahmedabad.

On 20th June, 2016, when the matter was taken up for hearing, the original complainant- respondent No.2 had submitted that out of total amount of permanent alimony of Rs.3,45,000/-, she had received sum of Rs.1,45,000/- and Rs.2,00,000/- is yet to be received by her .

Mr.Kartik Pandya, learned advocate appearing for the petitioners has sought time to deposit the remaining sum with the Registry of this Court. Receipt of such amount is placed on record.

Today, the pursis is also filed by the original complainant -respondent No.2 wherein, it is stated the Bank Account No. 4948001500002890 of Punjab National Bank of the original complainant

-respondent No.2 Having heard both the sides and having considered the development during the pendency of this petition, the request of the quashment of the complaint deserves to be acceded to inasmuch as the parties have no grievance with each other and all the disputes have ended with the intervention of the family and respectable people of the society.


                                             Page 3 of 7

HC-NIC                                    Page 3 of 7      Created On Fri Jun 24 01:10:17 IST 2016
                R/CR.MA/8224/2015                                            ORDER



It appears that HMP petition is filed seeking decree of divorce by way of consent under Section 13(B) of the Hindu Marriage Act on 11th April, 2016 which shall be decided by the Family Court in a near future.

Remembering at this stage, the decision of the Apex Court rendered in case of Jitendra Raghuvanshi & Ors. v. Babita Raghuvanshi & Anr., reported in 2013 (3) GLR 1875, wherein the Apex Court is of the opinion that they can be permitted to settle the same and the criminal proceedings which is otherwise not compoundable in nature, with the consent terms being placed on the record, deserves to be quashed. Apt it would be to reproduce the relevant observations made by the Apex Court in case of Jitendra Raghuvanshi & Ors. v. Babita Raghuvanshi & Anr. (Supra), which reads thus -

14. The inherent powers of the High Court under Section 482 of the Code are wide and unfettered. In B.S. Joshi (Supra), this Court has upheld the powers of the High Court under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differences amicably. We are satisfied that the said decision is directly applicable to the case on hand and the High Court ought to have quashed the criminal proceedings by accepting the settlement arrived at.
Page 4 of 7

HC-NIC Page 4 of 7 Created On Fri Jun 24 01:10:17 IST 2016 R/CR.MA/8224/2015 ORDER

15.In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.

16. There has been an outburst of matrimonial disputes in recent times. The institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising its extraordinary jurisdiction. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the court or that the ends of justice require that the proceedings ought to be quashed. We also make it clear that exercise of such power would depend upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist. It is the duty of the courts to encourage genuine settlements of matrimonial disputes and Section 482 of the Code enables the High Court and Article 142 of the Constitution enables this Court to pass such orders.

In the result, this Misc. Criminal Application is Page 5 of 7 HC-NIC Page 5 of 7 Created On Fri Jun 24 01:10:17 IST 2016 R/CR.MA/8224/2015 ORDER allowed. The Complaint, being CR No. I-166/2015 filed before Odhav Police Station is hereby ordered to be quashed, with all consequential proceedings.

Let the amount, deposited with the Registry of this Court be deposited directly with the account No. 4948001500002890 of Punjab National Bank of the original complainant-respondent No.2 without her being put to any jeopardize in this respect.

Both the parties shall be requested to the Family Court, Ahmedabad to expeditious proceed with the matter which is pending before the Family Court bearing in mind the development by and between the parties shall accordingly granted the early hearing and disposal of this petition .

It is brought to the notice of this Court by Mr.Pandya, learned advocate appearing for the applicants at the time of entertaining this petition, petitioner No.1 2 and 4 are deleted as accused being I-CR No. 166 of 2015. As compromise brings Page 6 of 7 HC-NIC Page 6 of 7 Created On Fri Jun 24 01:10:17 IST 2016 R/CR.MA/8224/2015 ORDER to an end, no purpose will be served continuing the proceeding qua them also. Let there be an holistic complaint qua all the accused. Accordingly, the complaint is quashed.

With these observations and directions, this petition stands disposed of . Rule nisi made absolute. Direct service is permitted.

(MS SONIA GOKANI, J.) BINA Page 7 of 7 HC-NIC Page 7 of 7 Created On Fri Jun 24 01:10:17 IST 2016