FIR quashed on the basis of applicants not being concerned with dispute

Gujarat High Court:  The Single Judge Bench of Hon’ble Justice J.B Pardiawala, while hearing an application seeking to invoke the inherent powers of the Court, passed an order for quashing an FIR for the offences punishable under Sections 498A, 323, 504 along with Section 114 of the Penal Code and under Sections 3 and 5 of the Dowry Prohibition Act.

The first informant got married to the original accused 1 in whose respect the whole complaint has been filed but he is not before the court, on 08-02-2015, after contacting each other on Facebook a social media platform, which according to the Hon’ble Judge is bound to fail due to the medium of contact between the two parties. The two parties started to have issues among themselves within a period of 2 months of their marriage.

The learned counsel for the first informant submitted that the FIR may be quashed as far as the applicants are concerned. The Hon’ble Court while concluding the judgment stated that the FIR needs to be quashed so far the applicants were concerned, but the investigation in that regard shall proceed in respect of the original accused 1 i.e. the husband. The parties did try to settle the matter earlier so they should once again try to explore that possibility. [Anitaben v. State of Gujarat, 2018 SCC OnLine Guj 94, order dated 24-01-2018]

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