2017 Supreme(Guj) 136
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
Prakashbhai Natwarlal Shah and Ors. – Appellant
Vs.
State of Gujarat and Ors. – Respondents
Criminal Misc. Application (For Quashing and Set Aside FIR/Order) No. 18053 of 2015
Decided On : 27-01-2017
Advocate Appeared:
For the Appellant :Nandish H. Thackar, Advocate
For the Respondents: Thakore, Addl. Public Prosecutor
Headnote:
Code of Criminal Procedure,1973, Section, 482 - Domestic Violence Act -Applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report registered as with the City Police Station for the offence punishable under sections, 377, 498A, 323, 506(1) read with section -Applicant No is the brother-in-law the applicant No is the wife of the applicant No the applicant No is another brother-in-law and the applicant No is the wife of the applicant No of the respondent No -First informant -First informant is married to one Shah past years -Three children were born One son and two daughters -There are serious matrimonial disputes between the husband and wife –Held, Convince the husband and wife to reconcile more particularly in the interest of their children -I could see some ray of hope and that is why I persuaded the matter a little more seriously -The talks have failed and the parties have not been able to reach to any amicable settlement -position is that the eldest daughter who is in the college, is with the father -She supports the father full fledged -She has accused her mother of initiating false proceedings - Having regard to the nature of the allegations which have been levelled in the first information report and the other materials on record no case could be said to have been made out against the four applicants before me -They are the brothers of the husband and their respective wives - Application is allowed.
J.B. Pardiwala, J.
1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report registered as C.R. No. I-85 of 2015 with the Kalol City Police Station, Gandhinagar for the offence punishable under sections, 377, 498A, 323, 506(1) read with section 114 of the Indian Penal Code.
2. The applicant No. 1 is the brother-in-law, the applicant No. 2 is the wife of the applicant No. 1, the applicant No. 3 is another brother-in-law and the applicant No. 4 is the wife of the applicant No. 3 of the respondent No. 2-first informant.
3. The first informant is married to one Umeshbhai Natvarlal Shah past 17 years. In the wedlock, three children were born; One son and two daughters. There are serious matrimonial disputes between the husband and wife. The wife has alleged mental and physical cruelty at the end of her husband and the applicants herein.
4. On 29th September, 2015, the following order was passed;
"Let rule be issued to the respondents, returnable on 15.1.2016. Ms. Punani, the learned APP, waives service of notice of rule for and on behalf of the respondent No. 1. The respondent No. 2 be served directly through the investigating officer of the concerned police station.
Let there be an ad-interim order in terms of para-8(B).
Direct service is permitted."
5. Thereafter, on 15th January, 2016, the following order was passed;
"The respondent No. 2 - original first informant is personally present in the Court today along with her father. She submitted that on account of incessant harassment by her husband and other family members, she was left with no other option but to file the FIR.
It appears that the marriage was solemnized almost 18 years back. In the wedlock, three children were born, two daughters and one son. The eldest daughter is aged 17. What I could gather from the first informant is that she is ready and willing to give one more chance for the marriage to survive. She is inclined to do so in the interest of her three minor children.
Mr. Thakkar, the learned counsel appearing for the applicants submitted that the husband would also like to see that there is reunion and they all can live life happily in the interest of the three minor children. I am told that the husband has also preferred an application for quashing of the FIR, but the same is not on Board today.
With a view to bring around some amicable settlement between the parties, more particularly in the interest of the three children, I requested Mr. Thakkar to ask his client to remain personally present before this Court, so that this Court can speak to him.
Mr. Thakkar submitted that his client would remain present on 22.1.2016. Let this matter be notified on 22.1.2016 along with Criminal Misc. Application No. 19671/15 on 22.1.2016 at 2' O Clock in the chamber. I am told that there is one third petition pending, arising from the proceedings under the Domestic Violence Act, being Criminal Misc. Application No. 24125/15. This matter also be notified on that particular date along with the other two matters."
6. On 22nd January, 2016, the following order was passed;
"1. Rule returnable forthwith. Mr. H.K. Patel, the learned APP, waives service of notice of rule for and on behalf of the respondent No. 1-State of Gujarat. The respondent No. 2-original first informant appearing-in-person waives service of notice of rule.
2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being C.R. No. I-85 of 2015 lodged with the Kalol City Police Station, Gandhinagar for the offence punishable under Sections 498A, 377, 323, 506(1) read with Section 114 of the Indian Penal Code.
3. The applicants before me are the brother-in-law, sister-in-law, second brother-in-law and sister-in-law. The husband is not before me