Woman settles 498a, divorces & remarries. Still Does NOT appear for quash. Guj HC quashes 498a

In a crisp and clear order, the Honourable Gujarat HC summarises the case thus “…a settlement was arrived at between the parties. The marriage was dissolved and the father-in-law and the mother-in-law came to be acquitted in the trial. I am told that the first informant has got married with another person and has settled in life. Perhaps, that is the reason she has chosen not to remain present before this Court…..
……. Since the settlement has been arrived at and the marriage was also dissolved and the other co-accused have also been acquitted by the trial Court, no useful purpose would be served …….”

498a 504 etc case quashed

*********************************************************

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION
(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4130 of 2015

**********************************************************
SOHAM BHARATBHAI BRAHMBHATT….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)
**********************************************************
Appearance:
C S SHUKLA, ADVOCATE for the Applicant(s) No. 1
MR SM SHUKLA, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR J.K. SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
**********************************************************

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 24/11/2015

ORAL ORDER

Rule returnable forthwith. Mr. J.K. Shah, the learned APP waives service of notice of rule for and on behalf of the respondent No.1. The respondent No.2 – original first informant, although served with the notice issued by this Court, has chosen not to remain present and oppose this application either in person or through an advocate.

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-husband seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report lodged with the Satellite Police Station, being C.R No. I-772/07 for the offence punishable under Sections 498A, 504 and 506(2) read with Section 114 of the IPC.

It appears from the materials on record that the applicant herein is settled at Canada. The other co-accused named in the FIR i.e. the father-in-law and the mother- in-law were charge-sheeted and were put to trial. In the interregnum period, a settlement was arrived at between the parties. The marriage was dissolved and the father-in-law and the mother-in-law came to be acquitted in the trial. I am told that the first informant has got married with another person and has settled in life. Perhaps, that is the reason she has chosen not to remain present before this Court.

Since the settlement has been arrived at and the marriage was also dissolved and the other co-accused have also been acquitted by the trial Court, no useful purpose would be served to continue with the prosecution so far as the applicant is concerned</B>. In the result, this application is allowed. The FIR No. I-772/07 for the offence punishable under Sections 498A, 504 and 506(2) read with Section 114 of the IPC is quashed. Rule is made absolute. Direct service permitted.

(J.B.PARDIWALA, J.)

Mohandas

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