Kiran Hargovindbhai Panchal vs State of Gujarat

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R.M. Chhaya, J.—Heard the learned advocates appearing for the respective parties. Mr. Nagarkar, learned advocate for respondent No. 2 shall file Vakalatnama by 19.9.2014.

Rule. Learned advocates appearing for the respective respondents waive service of Rule on behalf of the respective respondents.

Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicants and respondent No. 2 has been resolved amicably, this application is taken up for final disposal forthwith.

By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing and setting aside FIR bearing CR No. I-319 of 2008 registered with Sola Police Station for the commission of offence punishable under Sections 498-A, 323, 294(B), 506(1), 114 of the IPC and Sections 3 and 7 of Dowry Prohibition Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicants, including the charge-sheet.

The learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicants. It is submitted that that the parties have amicably resolved the issue and have in fact taken customary consent divorce by executing an agreement dated 18.3.2014 which is annexed with the present application. It is further submitted that the petition filed under Section 13(B) of the Hindu Marriage Act being H.M.P. No. 548 of 2014 is pending before the Family Court at Ahmedabad. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its inherent powers conferred under Section 482 of the Code and allow the application as prayed for.

The learned APP has candidly submitted that in view of the fact that the applicants and respondent No. 2 have amicably resolved the dispute, this Court may pass appropriate orders.

The learned advocate for respondent No. 2 has reiterated the contentions raised by the learned advocate for the applicants. The learned advocate for respondent No. 2 also relied upon the consent divorce arrived at by and between the parties, which is at Annexure-C to this application. Respondent No. 2 is present in person before the Court and is identified by learned advocate for respondent No. 2. On inquiry made by the Court, respondent No. 2 has declared before this Court that the dispute between the applicants and respondent No. 2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.

Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present case as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab and Another, , Madan Mohan Abbot Vs. State of Punjab, , Nikhil Merchant Vs. Central Bureau of Investigation and Another, , Manoj Sharma Vs. State and Others, and Narinder Singh and Others Vs. State of Punjab and Another, , it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

Resultantly, this application is allowed and the impugned FIR bearing CR No. I-319 of 2008 registered with Sola Police Station filed against the present applicants is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR, including the charge-sheet, are also quashed and set aside. Accordingly, Rule is made absolute. Direct service is permitted.