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2021 Supreme(Guj) 376

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


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

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. 25 of 2017 dated 24.7.2017 against the applicants registered with Mahila Police Station Anand (City), District: Anand for offence punishable under sections 498A, 323, 504, 506(2), 114 of the IPC and Sections 3 and 7 of Dowry Prohibition Act.

2. Mr. D.H.Bharwad, 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 son of the applicants had voluntarily filed Petition for dissolution of marriage by way of mutual consent under Section 13-B of the Hindu Marriage Act before the Family Court at Anand being Family Suit No.218/2019 and the said Application was allowed by order dated 28.8.2020 and, therefore, in the larger interest of the society, the impugned complaint may be quashed and set aside.

2.1 Learned advocate for the applicants submitted that the Court may verify the said aspect from the original complainant, respondent no.3- Shruti W/o. Saurabh An

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