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2021 Supreme(Guj) 387

GITA GOPI
SAURABH ANILBHAI DAVE – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : D H BHARWAD
For the Respondent: HIREN S SOMAIYA, MS MONALI BHATT, ADDL. PUBLIC PROSECUTOR

ORDER :

1. This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No.I-25 of 2017 against the applicant registered with Mahila Police Station, Dist.: Anand for offences punishable under sections 498A, 323, 504, 506(2), 114 of the Indian Penal Code and Sections 3 and 7 of Dowry Prohibition Act.

2. Mr. D.H. Bharwad, learned advocate for the applicant, 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 had voluntarily filed Application under Section 13-B of the Hindu Marriage Act for Decree of Divorce before the Court of Principal Family Judge, Anand vide Family Suit No.218/2019 and the said Application was allowed by order dated 28.08.2020 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.3.

3. Mr.Hiren Somaiya, learned advocate for respondent no.3, original complainant, c

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