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2021 Supreme(Guj) 442

GITA GOPI
MAULIKBHAI BIPINBHAI CHANDARANA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR ASHISH M DAGLI
For The Respondent: KULDEEP J MEHTA, MR DEVRAJ K GADHAVI, MS. MONALI BHATT

ORDER

1. Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor and Mr. Kuldeep Mehta, 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.I- 41 of 2019 against the applicants registered with Mahila Police Station, Dist.: Bhuj for offfences punishable under sections 498A, 323, 504, 506(2), 114 of the IPC and Sections 3 and 4 of Dowry Prohibition Act.

3. Mr. Ashish Dagli, 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 applicant No.1 had voluntarily filed Application under Section 13-B of the Hindu Marriage Act for Decree of Divorce before the Court of Principal Family Judge, Bhuj vide Family Suit No.37/2017 and the said Application was allowed by order dated 7.4.2021 and, therefore, in the larger interest of the society, the impugned complaint may be quashed and set aside.

    3.1 Learned advocate submitted

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