LAWS(GJH)-2015-6-45

NAVNITRAY GOVINDBHAI MALKAN Vs. STATE OF GUJARAT

Decided On June 19, 2015
Navnitray Govindbhai Malkan Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure, 1973, has been preferred with the prayer to quash and set aside the First Information Report being C.R. No. II -82 of 2014 registered with the Mahila Police Station, Rajkot, for offences punishable under Sections 498 -A, 323,504 and 114 of Indian Penal Code read with section 3 and Section 7 of Dowry Prohibition Act. The case of the prosecution is as under:

(2.) THE complaint given by respondent No.2 is to the effect that the complainant was married to petitioner No.1 at Rajkot. It was the second marriage for both of them. After the marriage, the complainant was living in a joint family with her father -in -law, and mother -inlaw. She was initially treated well for a week. Thereafter, the father -in -law and mother -in -law demanded dowry and asked her to bring an amount of Rs. 5 lakhs for buying a car. Moreover, the nature and attitude of husband towards the complainant changed and he started showing disinterest in her and used to chat on mobile at late nights. On one occasion when her husband was in a bathroom she observed the mobile instrument and came across certain photographs of girls. When she asked her husband about the same, she was beaten by her husband. It is further the case of the applicant that the sister in law used to instigate her husband because of which she started beating her. About fifteen days prior to the filing of the complaint, her husband had gone to Ahmedabad and returned after four days. On asking him about this, he got excited and beat and abused the complainant and asked her to leave. The mother -in -law of the complainant who was at home also asked her to leave. The complainant, therefore, left her matrimonial home and went to her paternal home. Under the circumstances, the First Information Report in question has been preferred.

(3.) THE petitioner has urged before this Court that the matter has now amicably settled between the parties and that respondent No.2, no longer wants to continue with the criminal proceedings. Ms. K S Chandrani, learned advocate for the applicant, has submitted in view of the settlement between the parties as is clear from the affidavit filed by respondent No.2. this Court may quash and set aside the First Information Report in question.