ORDER :

1. Criminal Misc. Application No. 1 of 2021 in Criminal Misc. Application No. 8449 of 2017 and Criminal Misc. Application No. 1 of 2021 in Criminal Misc. Application No. 5472 of 2018 filed for fixing early date of hearing of the main matter being Criminal Misc. Application No. 8449 of 2017 and 5472 of 20178 are allowed. The main matters are taken up for hearing today itself.

2. Criminal Misc. Application No. 8449 of 2017 has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being CR. No.I- 48 of 2017 against the applicants registered with Isanpur Police Station, Ahmedabad, for offences punishable under sections 498A, 323, 506(2), 114 of the Indian Penal Code and the proceedings initiated in pursuance thereof.

2.1 Criminal Misc. Application No. 5472 of 2018 has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being CR. No.I- 26 of 2018 against the applicant registered with Isanpur Police Station, Ahmedabad, for offences punishable under sections 465, 467 and 471 of the Indian Penal Code and the proceedings initiated in pursuance thereof.

3. The respondent No.2 - complainant – Mitalben Pratikbhai Soni is present before this Court, who has been identified by learned advocate Mr. Maulik Soni. The complainant has filed the affidavit dated 23rd October, 2021, the same is ordered to be taken on record. The complainant states that she has no grievance against the applicants and she has also no objection to the quashment of the impugned first information report filed by her. The learned advocates for the respective parties states that the dispute between the petitioners and the complainant have been settled, and therefore, in the larger interest of the society, the impugned complaint may be quashed and set aside.

4. Mr. Pranav Trivedi, learned APP submitted that any First Information Report should be quashed in accordance with the guidelines of the Apex Court and the parameters laid down therein.

5. This Court has heard the learned advocates on both the sides and has perused the material on record. The respondent no.2 – original complainant affirmed that dispute with the applicants has been amicably resolved with the intervention of friends and relatives and the settlement has been arrived at between the parties.

6. In the case of Social Action Forum for Manav Adhikar and another V. Union of India, Ministry of Law and Justice and others, reported in 2018 (10) SCC 443, the Apex Court made an elaborate discussion on the scope and powers of the High Court under Section 482 of Cr.P.C. in matrimonial matters. The observations made in paragraphs- 15, 39 and 40 are relevant. It read thus:-

“15. On the aforesaid bedrock, a prayer in Writ Petition (Civil) No. 73 of 2015 has been made to have a uniform policy of registration of FIR, arrest and bail in cases of Section 498-A IPC. It is worthy to note here that during the pendency of this Writ Petition, the judgment had been pronounced in Rajesh Sharma (supra). The Court in Rajesh Sharma (supra) issued the following guidelines:-

“19.(i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/ wives of working officers/other citizens who may be found suitable and willing.

(c) The Committee members will not be called as witnesses.

(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication