ORDER :

1. By way of this application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), the applicants have prayed for following substantial reliefs:

“(A) Your Lordships may be pleased to admit and allow this application;

(B) Your Lordships may be pleased to quash and set aside the order and judgment dated 03.03.2022 passed in Criminal Case No.5187 of 2017, by the Honourable 3rd Additional Chief Metropolitan Magistrate, Ahmedabad (Rural) for the offences punishable under Sections 498(a), 323, 294(b), 506(1) and 114 of Indian Penal Code, 1860 read with 3 and 7 of Dowry Prohibition Act, 1961 and all consequential proceedings thereof;”

2. Necessary facts giving rise to filing of the present application are stated to be as under:

2.1 That, the respondent no.2 on 21.05.2017, has lodged the impugned FIR alleging that on 30.11.2016, she had married to original accused no.1 and after four days of the marriage, all the accused started harassing her for household work and also demanded dowry as alleged in the FIR. That, the accused no.1 had abused and beaten the complainant. That, the complainant on account of frequent quarrel and torture of the accused, had left her matrimonial home. Thus, the aforesaid complaint lodged against all the accused by the complainant. After conclusion of investigation, charge-sheet was filed. Before the trial Court, the prosecution examined the witnesses in support of charges and at the end of trial, the learned trial Court has convicted the applicants no.1 and 2 under Section 498(A) of IPC and sentenced them to suffer simple imprisonment of 2 years and fine of Rs.1000/- each and in default of payment of fine, simple imprisonment of one month was awarded and under Section 323 of IPC, the applicants no.1 and 2 have been sentenced to suffer simple imprisonment of six months and fine of Rs.500/- each and in default of payment of fine, simple imprisonment of one month was awarded and under Section 3 of Dowry Prohibition Act, the applicants no.1 and 2 have been sentenced to suffer simple imprisonment for five years and fine of Rs.1500/- each and in default of payment of fine, simple imprisonment for six months was awarded and under Section 506(1) of the IPC, the applicant no.3 has been sentenced to suffer simple imprisonment for one year and fine of Rs.500/- and in default of payment of fine, simple imprisonment for one month was awarded.

2.2 Being aggrieved by the conviction and sentence, the applicants preferred appeal before the learned Sessions Court, Ahmedabad which is registered as Criminal Appeal No.10 of 2022 wherein the learned Appellate Court was pleased to suspend the sentence awarded by the learned trial Court pending the appeal.

During the pendency of the appeal, the applicants have filed the present application for quashing of impugned FIR, charge-sheet and order of conviction mainly on the ground that the dispute in question which is purely personal in nature, has been amicably settled between the parties and now, continuation of impugned criminal proceedings amounts to sheer abuse of process of law.

3. In the aforesaid facts, the applicants have prayed for quashing and setting aside the impugned FIR and consequential proceedings arising out of the aforesaid FIR and the order of conviction.

4. Heard Mr. Ruturaj Nanavati, learned advocate for the applicants, Ms. Maitri Patel, learned advocate for the respondent no.2-original complainant and Mr. Manan Maheta, learned APP for the respondent-State.

5. Mr. Nanavati, learned advocate for the applicants would submit that the dispute has been resolved by way of amicable settlement with the involvement of wellwishers of both the sides. He would further submits that the respondent no.2 has agreed to give consent for quashing of impugned criminal proceedings and she does not want to prosecute the impugned criminal proceedings and considering the nature of dispute no public policy is involved in the case. Strong r