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CR.MA/11803/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11803 of 2010
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BHAVIN
YOGENDRA PATEL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
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Appearance :
MR
HARDIK A DAVE for Applicant(s) : 1 - 3.
MR KARTIK PANDYA APP for
Respondent(s) : 1,
MS JIRGA JHAVERI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/10/2010
ORAL
ORDER
Heard
learned advocates for the parties.
Rule.
Learned APP Mr.Kartik Pandya and Ms.Jirga Jhaveri, learned advocate
waive service of notice of rule for respective respondents.
At
the request of the learned advocates for the parties, this
application is taken up for final hearing today itself.
The
complainant herself is present and she has reiterated what is stated
in her affidavit dated 30.09.2010. She further submitted that the
above affidavit is filed without any undue pressure, coercion or
threats. Besides, it is submitted that a petition for divorce under
Section 13B of the Hindu Marriage Act, will be filed before the
Family Court at Ahmedabad and she has no objection if the impugned
proceedings and FIR are quashed and set aside.
Having
heard learned advocates for the parties and on perusal of the record
of the case and considering the married life and age of the parties
and the settlement arrived at between the parties, prima facie, this
Court is of the opinion that ends of justice would be met if the
impugned complaint being CR No.I-192 of 2010 registered with Sole
Police Station, Ahmedabad is quashed and set aside.
This
application is allowed and the impugned complaint is hereby quashed
and set aside.
Rule
is made absolute to the aforesaid extent only.
Direct
service is permitted.
[Anant
S. Dave, J.]
*pvv
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