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CR.MA/15398/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15398 of 2008
======================================
AKHILBHAI
SUBHASHBHAI CHATUR & 3
Versus
STATE
OF GUJARAT AND ANOTHER
======================================
Appearance
:
MR FB BRAHMBHATT for
Applicants.
MR RC KODEKAR, APP for Respondent No.1.
MR ANKUR
OZA for Respondent No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 01/12/2008
ORAL
ORDER
1. Rule.
2. Learned
counsel, Mr.Brahmbhatt appearing for the petitioners submitted that
after registration of FIR (C.R.No.I-5 of 2008) with Mahila Police
Station, Surat City, on 21-4-2008, the original complainant has
entered into a compromise, whereunder the criminal proceedings are
required to be withdrawn and closed, since the parties have amicably
settled all the disputes and signed deed of divorce on conditions
mentioned therein. Learned APP appears for respondent no.1, learned
counsel, Mr.Ankur Oza appears for respondent no.2, the original
complainant, and he is filing his Vakalatnama, and they waive
service with request to allow the petition in the peculiar facts and
circumstances of the case.
3. In
view of the fact that the criminal complaint has arisen out of
private and matrimonial dispute and no public policy is involved, it
appears to be in the interest of the parties that criminal
proceedings should end, which, even otherwise, are not likely to
result in proper prosecution or conviction of anyone. Therefore, the
petition is allowed with the direction that FIR registered with
Mahila Police Station, Surat, as C.R.No.I-5 of 2008, as also
proceedings pursuant thereto, shall stand quashed. Rule is made
absolute with no order as to costs. Direct service permitted.
(D.H.Waghela,
J.)
*malek
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