Point of Law: Dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime

ORDER :

1. This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being I-CR. No. 11191014200724 of 2020 against the applicants registered with Ellisbridge Police Station, Ahmedabad for offences punishable under sections 498A, 114 of the IPC and Sections 3 and 7 of Dowry Prohibition Act.

2. Mr. Yogesh Lakhani, learned Senior advocate with Mr. Rahul Dholakia, learned advocate for the applicants, submitted that the matrimonial issues have been settled and the parties have mutually separated by decree of divorce and there remains no grievance between them. It was submitted that the complainant- Respondent No.2 and the applicant No.1 had voluntarily filed Application under Section 13-B of the Hindu Marriage Act for Decree of Divorce before the Family Court No.2, Ahmedabad vide HMP No.1054/2021 and the said Application was allowed by order dated 17.7.2021 and, therefore, in the larger interest of the society, the impugned complaint may be quashed and set aside.

2.1 Learned advocate submitted that the Court may verify the said aspect from the original complainant, respondent no.2.

3. Ms. Bhakti Joshi, learned advocate for respondent no.2, original complainant, concurred with the factum of settlement of the dispute, as advanced by learned advocate Mr. Yogesh Lakhani, learned Senior Counsel appearing for the applicants.

4. The Respondent No.2- complainant is present before the virtual court at the office of Ms. Bhakti Joshi and Ms. Bhakti Joshi has identified the complainant. The virtual Court verified about the settlement arrived at between the parties and the fact regarding dissolution of the marriage between the Respondent No.2 - complainant and the applicant No.1. The respondent no.2, original complainant, categorically stated that she has no grievance against the applicants and that she has no objection to the quashment of the impugned first information report filed by her.

5. Ms. Monali Bhatt, learned APP submitted that any First Information Report should be quashed in accordance with the guidelines of the Apex Court and the parameters laid down therein.

6. This Court has heard the learned advocates on both the sides and has perused the material on record. The respondent no.2 – original complainant affirmed that the marriage between the parties has been dissolved, and as stated in the order of HMP No. 1054/2021, with mutual consent, the applicant No.1 has deposited Rs.50,00,000/- towards maintenance/permanent alimony for the respondent No.2 and the parties have also exchanged their articles, belongings/ornaments, valuables, etc from each other. The Affidavit by Respondent No.2- original complainant as well as the order dated 17.7.2021 passed by Family Court No.2, Ahmedabad, vide HMP No. 1054/2021 allowing the application under Section 13-B of the Hindu Marriage Act for Decree of Divorce is also on record.

7. In the case of Social Action Forum for Manav Adhikar and another V. Union of India, Ministry of Law and Justice and others, reported in 2018 (10) SCC 443, the Apex Court made an elaborate discussion on the scope and powers of the High Court under Section 482 of Cr.P.C. in matrimonial matters. The observations made in paragraphs- 15, 39 and 40 are relevant. It read thus:-

“15. On the aforesaid bedrock, a prayer in Writ Petition (Civil) No. 73 of 2015 has been made to have a uniform policy of registration of FIR, arrest and bail in cases of Section 498-A IPC. It is worthy to note here that during the pendency of this Writ Petition, the judgment had been pronounced in Rajesh Sharma (supra). The Court in Rajesh Sharma (supra) issued the following guidelines:-

“19.(i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the