10 lakhs for a 8 month marriage.

Australia based NRI gets 498a quash after 10 lakhs payment when the marriage lasted just 8 months. 10 Lakhs on paper… what would it be outside?

facts

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* marriage was registered on 13.03.2008

* Complainant stayed at the applicant’s house till 15.01.2009

* Thereafter, Anila (wife) went to Australia, where also she was harassed by her husband i.e. applicant No.1 for dowry and thus the impugned complaint is registered!!

* Now "…….and amount of Rs. 10 lakhs as and by way of fixed deposit in the name of Anila Bhagvandas Barot has been made and given to me fully and finally towards the settlement without any other and further claim….."

Matter ends !!

*****************************disclaimer**********************************

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 2783 of 2015

BRAHMABHATT JIGNESHKUMAR JAGDISHKUMAR & 3….Applicant(s)

Versus

STATE OF GUJARAT & 1….Respondent(s)

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Appearance:

MR KV SHELAT, ADVOCATE for the Applicant(s) No. 1 – 4

MR VIRAL K SALOT, ADVOCATE for the Respondent(s) No. 2

MR LB DABHI, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 26/02/2015

ORAL ORDER

1 With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today since the matter is amicably settled between the parties.

2 By way of the present application under Section 482 of the Code of Criminal Procedure, 1973, the applicants original accused, have prayed to quash and set aside the complaint being Criminal Case No.7893 of 2012 registered with the 4th Additional Judicial Magistrate Court, Ahmedabad (Rural) for the offence punishable under Sections 498A, 506(2), 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act, on the ground that the dispute has been amicably settled between them outside the court and, therefore, the complainant has no objection for quashing of the impugned FIR and all other proceedings initiated pursuant thereto.

3 Brief facts arise from the record are that the complainant’s daughter namely Anila got marriage with the son of accused no.2 of the Criminal Case No.7893 of 2012 registered with the 4th Additional Judicial Magistrate Court, Ahmedabad (Rural) and marriage was registered on 13.03.2008. It is alleged in the complaint that the daughter of the complainant stayed at the applicant’s house till 15.01.2009 and during that period, on 08.01.2009, applicant No.1 went Australia and gave assurance that he shall take Anila with him. It is alleged that from 15.1.2009 to 30.01.2009, Anila stayed at the complainant’s house and thereafter, she went to the house of the applicants and the applicants started harassing and pressuring Anila for dowry before three and half years and thereafter, Anila went back to the complainant’s house and returned back to the house of the applicants on 11.05.2009. Thereafter, Anila went to Australia, where also she was harassed by her husband i.e. applicant No.1 for dowry and thus the impugned complaint is registered by respondent No.2 – original complainant.

4 Mr. K.V. Shelat, learned advocate appearing for the applicants placed reliance on the decision of the Honble Apex Court in case of Gian Singh versus State of Punjab & Anr. reported in 2012(10)SCC 303 and submitted that since the matter is settled and all the grievance raised in the FIR do not exist, there is no need to proceed further with the trial with regard to the FIR.

5 Mr. Viral Salot, learned advocate appearing on behalf of the original complainant, on instruction received from the original complaint, who is present in the Court and who has been identified by him, states that whatever submissions have been made by the applicants, are true and affidavit on behalf of the original complainant has been filed. The affidavit of the daughter of the original complainant has also been filed. He states that the original complainant has no objection, if the impugned FIR is quashed. http://evinayak.tumblr.com https://vinayak.wordpress.com http://fromvinayak.blogspot.com

6 Mr. L.B. Dabhi, learned Additional Public Prosecutor appearing for respondent­ State of Gujarat would submit that even though settlement/compromise has been arrived at between the parties, the FIR cannot be quashed. He has relied upon the judgement delivered in the case of Gian Singh (supra) and submitted that the Court should not exercise the power u/s.482 of the Code. Hence, the present application may be dismissed.

7 I have heard learned advocate appearing on behalf of the respective parties and perused the FIR, papers of investigation and the affidavit dated 29.01.2015 filed by the original complainant, namely Bhagwandas alias Bhagawatprasad Khodidas Barot, which reads as under:

"1. That I the complainant on behalf of my daughter Anila Bhagwandas Barot in Criminal Case No.7893 of 2012 (u/s. 498A(A), 506(2), 114 of IPC and Sec. 3 & 7 of Dowry Prohibition Act) pending before Ahmedabad (Rural) 4th Additional Judicial Magistrate’s Court, Mirzapur, Ahmedabad, state that on account of out of court settlement with the accused no.1 to 4, a consent divorce petition was filed by Jigneshkumar J Bhrambhatt – accused no.1 and my daughter Anila Bhagwandas Barot before the Family Court, Ahmedabad having H.M.P. No.1772 of 2013 under Section 13(b) of the Hindu Marriage Act, 1955 and the consent terms are a part of the said petition. I state that the said consent divorce petition is allowed and judgment and decree are drawn on 4/8/2014 and therefore my daughter Anila and Jigneshkumar are divorced with effect from 4/8/2014. I state that another complaint having Criminal Misc. Applicatio No.816 of 2013 is withdrawn on 14//4/2014 before 7th Addl. JMFC Mehsana, by my daughter Anila Bhagwandas Barot on account of out of court settlement and I state that complaint having Criminal Case No.7893 of 2012 (u/s. 498(A), 506(2), 114 of IPC and Sec. 3 & 7 of Dowry Prohibition Act) was filed by me on behalf of my daughter Anila Bhagwandas Barot, on account of misunderstandings and on relatives coaxing and therefore I do not want to continue this complaint and the said be quashed under Section 482 of the Criminal Procedure Code in view of the compromise between the parties."

7.1 The affidavit dated 29.01.2015 filed by the daughter of the original complainant, namely, Anila, who has taken divorced from applicant No.1 herein, which reads as under:

"1. That my father Bhagwandas Khodidas Barot had filed complaint on my behalf having Criminal Case No.7893 of 2012 (u/s. 498(A), 506(2), 114 of IPC and Sec. 3 & 7 of Dowry Prohibition Act) pending before Ahmedabad (Rural) 4th Additional Judicial Magistrate’s Court, Mirzapur, Ahmedabad, state that on account of out of court settlement with accused no.1 to 4, a consent divorce petition was filed by Jigneshkumar J Bhrahmbhatt – accused no.1 (husband) and I – Anila Bhagwandas Baot before the Family Court, Ahmedabad having H.M.P. No.1772 of 2013 under Section 13(b) of the Hindu Marriage Act, 1955 and the consent terms are a part of the said petition. I state that the said consent divorce petition is allowed and judgment and decree are drawn on 4/8/2014 and therefore I and Jigneshkumar are divorced with effect from 4/8/2014. I state that another complaint having Criminal Misc. Application No.816 of 2013 is withdrawn on 14/4/2014 before 7th Addl. JMFC Mehsana, by me on account of out of Court settlement and I state that complaint having Criminal Case No.7893 of 2012 (u/s. 498(A), 506(2), 114 of IPC and Sec. 3 & 7 of Dowry Prohibition Act) was filed by my father Bhagwandas Khodidas Barot on my behalf, on account of misunderstandings and on relatives coaxing and therefore I do not want to continue this complaint and the said be quashed under Section 482 of the Criminal Procedure Code in view of the compromise between the parties and the conditions mentioned in paragraph 10 of the consent divorce petition and the order below it has been complied with and amount of Rs. 10 lakhs as and by way of fixed deposit in the name of Anila Bhagvandas Barot has been made and given to me fully and finally towards the settlement without any other and further claim. The copy of the fixed deposit receipt given to me is produced herewith.’

8 Considering the aforesaid aspects that the dispute between the parties has been settled amicably between the parties and the complainant does not want to pursue the complaint any more and in view of the decisions of the Hon’ble Apex Court in the case of Gian Singh vs. State of Punjab and Anr, as reported in (2012) 10 SCC 303, in my opinion, the present application requires consideration. Hence, the present application is allowed. The impugned complaint being Criminal Case No.7893 of 2012 registered with the 4 th Additional Judicial Magistrate Court, Ahmedabad (Rural) for the offence punishable under Sections 498A, 506(2), 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act and all other proceedings initiated pursuant thereto are hereby quashed and set aside qua the present applicants. Rule is made absolute accordingly. Direct Service is permitted.

(A.J.DESAI, J.)

Chandresh

Tags :

#quash_after_payin_moolah!!

#Pay_and_quash

#Ranson

#Settlement

#498a_quash_after_payment

PDF uploaded to http://1drv.ms/1EEzOjj

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

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