1. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused to quash and set aside the impugned First Information Report being CR No.I-19 of 2011 registered with Mahila Police Station, Surat, filed by the respondent No.2 against the petitioners, for the offences punishable under sections 498A, 323, 504 and 114 of Indian Penal Code and under section 3 of Dowry Prohibition Act.
2. Today when the present petition is taken up for final hearing, Mr.Saiyed, learned advocate appearing on behalf of the petitioners and Mr.Mansuri, learned advocate appearing on behalf of the respondent NO.2 – original complainant has stated at the bar that there was matrimonial dispute between the parties, which is now settled and in fact the respondent No.2 – wife has taken divorce today in Criminal Revision Application No.99 of 2011. It is reported that the respondent No.2 is personally present in the Court and she has no objection if the impugned First Information Report is quashed and set aside. The learned advocate appearing on behalf of the respective parties have requested to quash and set aside the impugned First Information Report, relying upon the decisions of the Hon'ble Supreme Court in the case Madan Mohan Abbot V/s. State of Punjab reported in 2008(4) SCC 582; in the case of Nikhil Merchant V/s. Central Bureau of Investigation and another reported in 2009(1) GLH 31 as well as in the case of Manoj Sharma V/s. State and others reported in 2009(1) GLH 190, and considering the fact that the dispute is purely of a private nature.
3. It appears that in the facts and circumstances of the case, the impugned First Information Report filed by the respondent No.2 – original complainant against the petitioners can be quashed and set aside in exercise of powers under section 482 of the Code of Criminal Procedure as to continue the criminal proceedings against the petitioners would not be in the interest of parties more particularly even in the interest of the respondent No.2 – original complainant.
4. In view of the above and for the reasons stated above and with the consent of the learned advocate appearing on behalf of the respective parties, impugned First Information Report being CR No.I-19 of 2011 registered with Mahila Police Station, Surat is hereby quashed and set aside. Rule is made absolute accordingly so far as the petitioners herein are concerned.
[M.R. SHAH, J.] rafik