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2021 Supreme(Guj) 501

GITA GOPI
VISHAL HEMENDRABHAI SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR PREMAL R JOSHI
For the Respondent: MR VAIBHAV SHUKLA FOR NANAVATI & NANAVATI, MS MONALI BHATT, ADDL. PUBLIC PROSECUTOR

ORDER :

1. Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor and Mr. Vaibhav Shukla, 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- 22 of 2020 against the applicant registered with Sarkhej Police Station, Dist.: Ahmedabad for offfences punishable under sections 498A, 323, 294(b), 506(1) of the IPC and Sections 3 and 7 of Dowry Prohibition Act.

3. Mr.Premal Joshi, 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 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 Cour

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