Nuru Husen Mahmad Husen Makrani vs State Of Gujarat

S.H.Vora, J

Learned advocate Mr. Nandish Thakkar states that he has instructions to appear for respondent No.2. He is permitted to file his appearance. He

has produced affidavit of the respondent no.2 â€" complainant which is ordered to be taken on record.

Respondent no.2 â€" complainant is present before the Court and admits correctness and genuineness of the affidavit filed by her through her

learned advocate. Learned advocate Mr.Nandish Thakkar identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed

by her.

Rule. Learned A.P.P. and learned advocate Mr. Nandish Thakkar waive service of Rule for respondent Nos.1 and 2 respectively.

With the consent of learned advocate for the applicant and learned advocate for respondents, present application is taken up for final disposal today.

By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the applicant pray for

quashing and setting aside the F.I.R. being C.R.No.I-08 of 2017 registered with Garudeshwar Police Station, Narmada for the offence punishable

under Sections 363 and 366 of the Indian Penal Code and under section 3(2) (v-a) of the Atrocity Act.

Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present applications.

It is now stated by learned advocate for the applicant at bar that the applicant and respondent No.2 have settled the dispute amicably and the victim

has no grievance against the applicant. It is further submitted by learned advocate for the applicants at bar that not only that the victim and the

applicant have married on 02.07.2019 and out of their relationship, they have one child viz. Asabamhusen born on 22.07.2019. Learned advocates

appearing for the respective parties have placed on record photocopy of marriage certificate and birth certificate of Asabamhusen born on

22.07.2019.

It is in light of this aspect, the applicant and respondent No.2 urged that impugned criminal proceedings being impugned FIR may be quashed.

Learned advocate appearing for the contesting respondent No.2 points out that since the victim has already married with the applicant, it will be

more in her interest that the impugned criminal proceedings may be quashed, as otherwise, their marital life will be put into jeopardize and there is no

one to take care of her and her child.

This Court cannot overlook the fact that the applicant no.1 and the victim girl got married and out of their relationship, they have a child. Such

situation is an exception to the approach to deal with the proceedings initiated u/s 482 of the Code of Criminal Procedure, 1973 on the basis of

settlement between the victim and the accused and for the pre-dominant purpose of the welfare of the victim to ensure her better future life, it is just

and proper for this Court in exercise of extraordinary inherent powers u/s 482 of the Code of Criminal Procedure, 1973 could quash the impugned

criminal proceedings on the ground of settlement between the parties in cases where the accused has married and the complainant insist for

quashment of impugned criminal proceedings.

Considering the submissions made at bar and in view of the aforementioned aspect, more particularly, in light of the statements made by

respondent No.2 supported by duly affirmed affidavit placed on record through her learned advocate, this Court is inclined to consider the plea for

quashment of the impugned criminal proceedings, as otherwise, it will detrimentally affect the family life of the victim girl and even the balance and

harmony that could be achieved by them in the resolution of disputes that again be irrecoverably lost.

Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between parties which is confirmed by the original

complainant through her learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of

law. Therefore, the impugned F.I.R. is required to be quashed and set aside in view of peculiar facts of the case being exception to the general

principle of law to decline the quashment of proceedings of the nature like present one.

In view of this position, this application is allowed. Impugned F.I.R. being C.R.No.I-08 of 2017 registered with Garudeshwar Police Station,

Narmada and all other proceedings taken out in pursuance thereof against the present applicant are hereby quashed and set aside. The applicant shall

produce certified copy of this order before the concerned learned Sessions Court and also before the investigating officer for necessary action. Rule is

made absolute to the aforesaid extent. Direct service is permitted.