Gujarat High Court
Siddharth Harshadbhai Gangdev vs State Of Gujarat & on 11 November, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/4263/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4263 of 2014
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SIDDHARTH HARSHADBHAI GANGDEV....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR HARSHIT S TOLIA, ADVOCATE for the Applicant(s) No. 1
MR PARTH S TOLIA, ADVOCATE for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR HB CHAMPAVAT, ADVOCATE for the Respondent(s) No. 2
MR RJ GOSWAMI, ADVOCATE for the Respondent(s) No. 2
MR AN SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 11/11/2014
ORAL ORDER
1. Rule returnable forthwith. Mr. Shah, the learned APP waives service of notice of rule for and on behalf of the respondent no.1State of Gujarat. Mr. Champavat, the learned advocate has entered appearance on behalf of the respondent no.2original complainant and waives service of notice of rule.
2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks to invoke the inherent powers of this Court, praying for Page 1 of 9 R/CR.MA/4263/2014 ORDER quashing of the First Information Report being C.R. No. I 57/2014 registered with the Gandhigram Police Station, District Rajkot, of the offence punishable under Sections 304(A) OR 304, 279, 337, of the Indian Penal Code, Sections 134,184, 177 of the Motor Vehicles Act and Sections 3 and 7 of the Prevention of Damage to Public Properties Act.
3. It appears that on 4th April 2014, rule was issued in the matter and a learned Single Judge of this Court granted relief to the accused that the proceeding qua Section 304 of Indian Penal Code shall remain stayed. The learned Single Judge further observed that the rest of the case may be proceeded further.
4. It appears that the parents of the respondent no.2 were traveling on a scooter. The petitioner was also traveling in his car. The materials on record prima facie indicate that one of the tyres of the car got burst as a result the petitioner lost control over the car which ultimately dashed with the scooter resulting in death of both of the parents of the respondent no.2. In such circumstances, the First Information Report was lodged.
5. Today, when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the parties that amicable settlement has been arrived at outside the Court. The respondent no.2, having realized the circumstances under which the accident occurred, has thought fit not to pursue Page 2 of 9 R/CR.MA/4263/2014 ORDER further with the First Information Report. He has no objection if the F.I.R. lodged by him is ordered to be quashed. Shri Dwij Bhagvatsinh Barad, residing at Gurukrupa, 5, Yoginagar Society Main Road, Raiya Chowkdi, Rajkot, is personally present in the Court and is being identified by his learned advocate Mr.Champavat. He has also filed an affidavit, inter alia, stating as under: "I, Dwij Barad, Son of Shri Bhagvatsinh Barad, Aged 19 years, OccupationBusiness, Residing at Kurukrupa, 5, Yoginagar Society Main Road Raiya Chowkdi, Rajkot, do hereby solemnly affirm on oath and state as under:
1. I say that I am the original complainant of FIR being C.R. No.I57/2014 registered with Gandhigram Police Station for the offence U/s. 304(A) or 304, 279, 337 of IPC and Sec. 134, 184, 177 of Motor Vehicles Act and Sec. 3 and 7 Prevention of Damage to the Public Property Act.
2. I say that on the date of incident, my parents had gone to the house of my uncle to borrow LPG cylinder and accordingly, with the said cylinder they were coming back to our house on the two wheeler TVS Scooty at the time of incident.
3. After the incident, when I came to know about the same, I rushed to the place and filed FIR for the offences punishable u/s. 304A, etc. of IPC. Page 3 of 9
R/CR.MA/4263/2014 ORDER
4. Subsequently, I had also an occasion to look at the CCTV footage in which my parents driving on the scooter, as above, and the four wheeler being driven by the petitioner is visualized. After the incident, the media had published the issue and everything along with photographs was published in the newspaper. Further, I also inquired about the incident from my side.
5. I found that in fact, the tyre of the four wheeler being driven by the petitioner bursted and because of that, the four wheeler lost its control and the alleged incident has taken place. Further, the place whee the incident took place is the cross road from where my parents were to take turn on the right hand side. Because of that, they accordingly moved the direction of two wheeler towards their right side, as the witnesses present at the place informed to me. At that point of time, as the four wheeler which was on the right hand side of the two wheeler of my parents, tried to break down the speed of the vehicle. However, unfortunately, the tyre of the four wheeler burst out. The driver lost the control over the vehicle naturally and the unfortunate incident took place in which I lost my parents.
6. However, after realizing all above aspects, now I am not inclined to proceed against the petitioner accused in any manner. I have no grievance or enmity or bitterness against the petitioneraccused. I have completely pardoned him. There is neither any Page 4 of 9 R/CR.MA/4263/2014 ORDER intention nor any act with the knowledge on the part of the accused. Under these circumstances, I am not inclined to proceed further with the impugned FIR in any manner.
7. I am I.T. Professional and have completed my diploma in I.T. I have very good business in Rajkot City.
8. I say that subsequent to the filing of the FIR, the misunderstanding and bitterness has been removed, as above, In any case, I don't want to proceed further with the impugned FIR against the petitioner.
9. In view the above, I have no objection if the impugned FIR and all proceedings in pursuance thereto are quashed by this Hon'ble Court. I have no grievance against the accused person and this Hon'ble Court may allow the petition as prayed for.
10. I am filing this affidavit without any force, coercion or threat and at my free will, wish and desire and with conscious mind."
6. The daughter of the deceased parents viz. Pujaben Barad, residing at Gurukrupa, 5, Yoginagar Society Main Road, Raiya Chowkdi, Rajkot, has filed an affidavit, inter alia, stating as under: "I, Pujaben Barad, Daughter of Shri Bhagvatsinh Barad, Aged 27 years, OccupationBusiness, Residing at Page 5 of 9 R/CR.MA/4263/2014 ORDER Gurukrupa, 5, Yoginagar Society Main Road, Raiya Chowkdi, Rajkot, do hereby solemnly affirm on oath and state as under:
1. I say that I am the sister of original complainant of FIR being C.R. No.I57/2014 registered with Gandhigram Police Station for the offence U/s. 304(A) or 304, 279. 337 of IPC and Sec. 134, 184, 177 of Motor Vehicle Act and Sec. 3 and 7 Prevention of Damage to the Public Property Act. It is pertinent to note that the complainant and myself are the only legal heirs of the two deceased persons of the incident.
2. I say that on the date of incident, my parents had gone to the house of my uncle to borrow LPG cylinder and accordingly, with the said cylinder they were coming back to our house at the time of incident.
3. Subsequently, I had an occasion to look at the CC TV footage in which my parents driving on the scooter, as above, and the four wheeler being driven by the petitioner is visualized. After the incident, the media had published the issue and everything along with photographs was published in the newspaper. Further, I also inquired about the incident from my side along with my brother, who is the original complainant.
4. Both of us found that in fact, the tyre of the four wheeler being driven by the petitioner bursted and Page 6 of 9 R/CR.MA/4263/2014 ORDER because of that, the four wheeler lost its control and the alleged incident has taken place. Further, the place where the incident took place is the cross road from where my parents were to take turn on the right hand side. Because of that, they accordingly moved the direction of two wheeler towards their right side, as the witnesses present at the place informed to us. At that point of time, as the four wheeler which was on the right hand side of the two wheeler of my parents, tried to break down the speed of vehicle. However, unfortunately, the tyre of four wheeler burst out. The driver lost the control over the vehicle naturally and the unfortunate incident took place in which I lost my parents.
5. However, after realizing all above aspects, now I am not inclined to proceed against the petitioner accused in any manner. I have no grievance or enmity or bitterness against the petitioneraccused. I have completely pardoned him. As it appears to me, there is neither any intention nor any act with the knowledge on the part of the accused. Under these circumstances, I am not inclined to proceed further with the impugned FIR in any manner.
6. I am a Bachelor of Computer Application (BCA) and at present running my own parlour in Rajkot City.
7. I say that subsequent to the filing of the FIR, the misundrstanding and bitterness has been removed, as above. In view of the above, I have no objection if Page 7 of 9 R/CR.MA/4263/2014 ORDER the impugned FIR and all proceedings in pursuance thereto are quashed by this Hon'ble Court. I have no grievance against the accused person and this Hon'ble Court may allow the petition as prayed for.
8. I am filing this affidavit without any force, coercion or threat and at my free will, wish and desire and with conscious mind."
7. Taking into consideration the circumstances under which the accident had occurred and the fact that the first informant is not desirous of proceeding further with the matter, no useful purpose would be served now to continue with the investigation of the First Information Report.
8. My attention has been drawn to the fact that so far as the offence under Sections 3 and 7 of the Prevention of Damage to Public Properties Act is concerned, the Rajkot Municipal Corporation has assessed the damage to the tune of Rs.44,618/ as one electric pole got damaged in the accident. Mr. Lakhani, the learned advocate appearing on behalf of the petitioner, submits that the amount of Rs.44,618/ towards the damage has been deposited with the Rajkot Municipal Corporation. The receipt issued by the Rajkot Municipal Corporation is produced and ordered to be taken on record.
9. In the result, this application is allowed. The Page 8 of 9 R/CR.MA/4263/2014 ORDER First Information Report being C.R. No. I47/2014 registered with the Gandhigram Police Station, District Rajkot, is hereby ordered to be quashed. All consequential proceedings pursuant thereto also stand terminated. Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) Manoj Page 9 of 9