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2021 Supreme(Guj) 424

GITA GOPI
PRAKASHBHAI BABUBHAI SHETH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: For The Appellant : MR VANDAN K BAXI, MS PRACHITI V SHAH, NANAVATI & NANAVATI
For The Respondent: MS MONALI BHATT

ORDER :

1. Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor and Mr. Premal Joshi, learned advocate, waive service of notice of rule on behalf of respondent Nos.1 & 2 respectively.

2. This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being CR. No.II- 3036 of 2020 against the applicants registered with Sarkhej Police Station, Dist.: Ahmedabad for offfences punishable under sections 294(b), 506(1) and 114 of the IPC.

3. Mr.Vandan Baxi, 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 and the applicants had voluntarily filed Application under Section 13-B of the Hindu Marriage Act for Decree of Divorce before the Family Court at Ahmedabad vide H.M.P. No.954 of 2021 and the said Application was allowed by order dated 12.07.2021 and, therefore, in the larger interest of the society, the impugned complaint may be quashed and set aside. 3.1 Learned advocate submitted that the Court may verify the said aspect from the origina

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