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Judgment
Rule returnable forthwith. Ms. Thakore, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Jignesh Pandav, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.
By this application under section 482 of the Code of Criminal Procedure, 1973, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being I C.R. No. 147 of 2016 lodged before the Vejalpur Police Station of the offence punishable under sections 498A, 323, 504, 506(2) read with section 114 of the Indian Penal Code on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2- Purviben W/o. Jigneshbhai Somabhai Barot is personally present and she confirms about the settlement arrived at with the accused persons. The respondent No.2- Purviben W/o. Jigneshbhai Somabhai Barot is identified by her learned advocate Mr. Jignesh Pandav. Smt. Purviben W/o. Jigneshbhai Somabhai Barot has also filed an affidavit, inter alia, stating as under:
"I, the undersigned Purvi W/o.Jigneshbhai Somabhai Barot aged about 34 years, Hindy by religion, Business- household, residing at Bhalchandra Apartment, Vasna, Ahmedabad do hereby state on oath and declare as under.
(1) The Respondent No.2 and Applicant herein has resolved their disputed amicably at the time of visitation duration of Kid Trijal, by efforts of family members and
social guardians for better interest of their family i.e. Applicant, Respondent No.(2) and Kid Trijal. The Applicant & Respondent No.(2) jointly resolved and settled that both husband and wife will stay together along with kid Trijal at Ahmedabad from date 10.02.2017.
(2) That it is agreed between Applicant and Respondent No.(2) that Respondent No.(2) and Applicant along with kid Trijal will reside together at their Ahmedabad residence situated at Bhalchandra Apartment, Vasna, Ahmedabad and both will continue their family life in best spirits of family feelings for better future of themselves and kid Trijal.
(3) The present consent and settlement is made on the sole ground for living together as family. The respondent No.(2) understands that it is difficult for the applicant to start living together and take a fresh start in the present scenario of pending cases. Therefore, The present Respondent No.(2) has already withdrawn cases filed by her as per the discussion with Applicant. Hence, the present respondent No.(2) has consented the present petition accordingly to give best possible efforts and chances of the future of their family i.e. Applicant, Respondent No.(2) and Kid Trijal.
(4) As the present respondent No.(2) has to live with applicant now onwards, so admittedly there is no objection if the present quashing petition is allowed and disposed accordingly.
Solemnly affirmed on this 2nd day of February, 2017 at Kalol.
Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.
In the result, this application is allowed. The first
information report being I C.R. No. 147 of 2016 lodged before the Vejalpur Police Station is hereby ordered to be quashed. All consequential proceedings arising from the same also stand terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Jignesh Pandav, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.