Allowed

Patel Vikas Mahendrabhai v. State of Gujarat

Gujarat HC6 Dec 2018SCR.A/514/2014

Case brief

AI extract

What is this about?

This oral order quashed two FIRs filed in criminal matrimonial disputes. The High Court held that since the complaints arose from a family dispute that was subsequently settled via divorce, there was no purpose in keeping the cases pending, allowing both special criminal applications.

What did the court decide?

FIRs II-C.R. No.24 of 2014 and I-C.R. No.37 of 2014 were quashed and set aside. Both petitions were allowed.

Patel Vikas Mahendrabhai Vs State of Gujarat — Matrimonial and Divorce | Gujarat HC (2018)

¶1

R/SCR.A/514/2014 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/SPECIAL CRIMINAL APPLICATION NO. 514 of 2014 With

¶4

R/SPECIAL CRIMINAL APPLICATION NO. 796 of 2014

¶5

==========================================================

¶6

PATEL VIKAS MAHENDRABHAI

¶7

Versus

¶8

STATE OF GUJARAT

¶9

==========================================================

¶10

Appearance:

¶11

MR GAURAV CHUDASAMA(5660) for the PETITIONER(s) No. 1 MS KRINA CALLA, ADDL. PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1

¶12

MR PM RAVAL for the RESPONDENT(s) No. 2

¶13

==========================================================

¶14

CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI

¶15

Date : 06/12/2018

¶16

ORAL ORDER

¶17

1.Special Criminal Application No.514 of 2014
has been filed by the petitioner-Patel Vikas
Mahendrabhai for quashing the F.I.R. being II-
C.R. No.24 of 2014 registered at Pethapur Police
Station, District Gandhinagar for the offence
punishable u/s.507 of Indian Penal Code filed
against the petitioner by respondent no.2-
complainant, Shailendrasinh Shankarsinh Vaghela;
whereas, Special Criminal Application No.796 of
2014 has been filed by the petitioner-
Shailendrasinh Shankarsinh Vaghela for quashing
the F.I.R. being I-C.R. No.37 of 2014 registered
at Anand Town Police Station, Anand for the
offence punishable u/s.354, 504, 506(1) and 114

¶18

Page 1 of 3

¶19

R/SCR.A/514/2014 ORDER

¶20

of IPC filed against the petitioner by respondent
no.2-complainant, Shanikaben Pankajbhai Patel.

¶21

2.Heard learned advocates for the parties. It
appears that Shailendrasinh Shankarsinh Vaghela
had married Hellyben, who happened to be the
sister of Shanikaben Panjkajbhai Patel,
complainant of F.I.R. being I-C.R. No.37 of 2014.
The petitioner, Patel Vikas Mahendrabhai, happens
to be the cousin brother of Hellyben. Both the
F.I.Rs. appear to have been filed due to the
matrimonial dispute between Shailendrasinh and
Hellyben.

¶22

3.Learned advocates for the parties have
jointly prayed to quash both the F.I.Rs. by
submitting that the settlement has taken place
between the parties and the divorce has also
taken place between Shailendrasinh and Hellyben.
The respondent no.2, Shailendrasinh Shankarsinh
Vaghela, has placed on record the affidavit
requesting the Court to quash the F.I.R. filed
against Patel Vikas Mahendrabhai. The same is
taken on record.

¶23

4.In view of the above, since the complaints
were filed due to the family dispute between the
parties and the same having been settled, there
is no purpose in keeping the complaints pending.

¶24

Page 2 of 3

¶25

R/SCR.A/514/2014 ORDER

¶26

Hence, the F.I.Rs. being II-C.R. No.24 of 2014
registered at Pethapur Police Station, District
Gandhinagar and I-C.R. No.37 of 2014 registered
at Anand Town Police Station, Anand are quashed
and set aside. Both the petitions stand allowed.

¶27

(BELA M. TRIVEDI, J)

¶28

PRAVIN KARUNAN

¶29

Page 3 of 3

Patel Vikas Mahendrabhai v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Patel Vikas Mahendrabhai v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Milan Dineshbhai Cholera Vs State of Gujarat

Milan Dineshbhai Cholera Vs State of Gujarat

Shaileshbhai Prabhudas Patel Vs State of Gujarat

Shailendrasinh Shankarsinh Vaghela Vs State of Gujarat

Falguniben Swapan Dineshchandra Patel Vs State of Gujarat

Swapan Dineshchandra Patel Vs State of Gujarat