A marriage declared null and void by a competent court invalidates any associated FIR, as the basis for the allegations no longer exists.

ORDER :

(J.C. DOSHI, J.)

1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicants seek quashing of the FIR registered as CR No.I-18 of 2018 registered with Mahila Police Station, West Zone, Ahmedabad for the offence punishable under Sections 406, 498A, 323, 294B, 506(2) and 114 of the Indian Penal Code read with Sections 3 and 7 of the Dowry Prohibition Act and further proceedings arising thereof.

2. The brief facts of the case are as under :

2.1 The marriage between the petitioner No.1 and the complainant was solemnized on 19.12.2017 by following Hindu rites and rituals. The complainant has married to the petitioner No.1 without informing her parents. However, after fifteen days of marriage, the complainant lodged the questioned FIR against the petitioners for the offence alleged in the FIR. Hence, the present petition.

3. Heard learned Advocates appearing for the respective parties.

4. Seeking quashment of the questioned FIR filed against the petitioners for the offences punishable under Sections 406, 498A, 323, 294B, 506(2) and 114 of the Indian Penal Code read with Sections 3 and 7 of the Dowry Prohibition Act, learned advocate Ms.Dharati Ratani submits that the wife i.e. the complainant filed application seeking decree of nullity under Section 12(1) of the Hindu Marriage Act. She would further submit that Family Suit No.700 of 2018 registered with Family Court No.2 at Ahmedabad is decided on 02.02.2021 and the marriage between petitioner No.1 and the complainant has been declared null and void by the competent Court. Upon above submissions, learned advocate Ms.Ratani submits that since alleged marriage which is said to have been solemnized between the parties is found to be null and void by the learned competent Court and the judgment of which is accepted by both parties, the present petition may be allowed by quashing the questioned FIR.

5. Learned advocate Mr.Kartik Pandya while confirming the submissions of learned advocate Ms.Ratani that marriage between the parties has been declared null and void by the Competent Court and judgment thereof delivered by the learned Family Court has been accepted by both the parties, in these circumstances, no inter se dispute remains between the parties which attracts the offence alleged in the impugned FIR.

6. Learned APP in the given facts and circumstances of the case, submits to pass necessary orders.

7. At the outset, the order of the learned Family Court passed in Family Suit No.700 of 2018 is taken on record. In para 21 of the judgment in the family suit, learned Family Court has observed as under :

“Marriage is admitted but whether such Marriage solemnized with fraud or without following the customary rites and ceremonies as per under 7 and 12 (1) (C) of Hindu Marriage Act? The Answer is yes. Because it is not proved by leading evidence on record that marriage between the parties was solemnized according to the rites and custom of Rabari community. It is also not proved that the marriage is solemnized according to the provisions of Section 7 of Hindu Marriage Act'. It is not the say of either party that their marriage was solemnized either according to rites and rituals of the Rabari community or as per Section 7 of Hindu Marriage Act by performing Saptapadi rituals. Even if it is believed that the fraud is not committed then also solemnization of the marriage is not proved. No other evidences, points of arguments and provisions of law are required for discussion and for further consideration except as discussed and considered herein above therefore it is not discussed.”

8. It is clear finding on the part of learned Family Court that marriage between the parties are not proved. In these circumstances, the FIR which is essentially the base of marriage took place between the parties does not survive and requires to be quashed.

9. In the result, the petition is allowed. The impugned FIR registered as CR No.I-18 of 2018 registered with