Gujarat High Court
Mandli Ajaj Sulemanbhai & 3 vs State Of Gujarat & on 1 December, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/21613/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 21613 of 2015
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MANDLI AJAJ SULEMANBHAI & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR SS SAIYED, ADVOCATE for the Applicant(s) No. 1 - 4
MR HK PATEL, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 01/12/2015
ORAL ORDER
1. Rule returnable forthwith. Mr. H.K. Patel, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 - State of Gujarat. Mr. Imtiyaz Kureshi, the learned advocate waives service of notice of rule for and on behalf of the respondent No.2 original first informant.
2. By this application under Section482 of the Code of Criminal Procedure, 1973, the applicantsoriginal accused persons seek to invoke the inherent powers of this Court praying for quashing of the proceedings of Sessions Case No.71 of 2015 pending in the Court of the learned Sessions Judge, Mehsana arising from the F.I.R. being C.R. No.I 82 of 2014 filed before the Kadi Police Station, DistrictMehsana, for the offence punishable under Sections307, 328, 323, 324 r/w.114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
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R/CR.MA/21613/2015 ORDER
3. Primafacie, it appears from the materials on record that the respondent no.2 was in a relationship with the applicant no.1. It appears that the applicant no.1 had promised that he would get married to the respondent no.2, however, at a later stage, something went wrong or probably the applicant no.1 might have backed out from his promise to get married. This resulted in filing of the F.I.R. with the allegations of attempt to commit murder. The allegations in the F.I.R. are that the applicants herein forcibly administered poison to the respondent no.2. The allegations on the face of the Forensic Science Laboratory Report are falsified. Nothing was recovered from the place of the incident. No poison was found in the bottle. No traces of any poison from the contents of the stomach said to have been collected by the doctor were found by the FSL.
4. Be that as it may, the respondent no.2 is personally present in the Court. She is honest enough to admit that the F.I.R. lodged by her, is false and was lodged in the heat of the moment since the applicant no.1 refused to get married with her. It appears that they have now decided to get married. She is present in the Court and is being identified by her learned advocate Mr. Imtiyaz Kureshi. She has filed an affidavit inter alia stating as under: "I, Belim Kausarbanu, D/o. Mehboobbhai Nathubhai, Age : 25 years, Residing at Highway, Shastrinagar, House no.4, Tal: Kadi, Dist. Mehsana, the respondent no.2 in the petition herein state and declare on oath and solemnly affirm as under:
1. I respectfully submit that I am the original complainant in the offence registered as C.R.No.I82 of 2014 with Kadi Police Station, Dist. Mehsana, I say and submit that I have amicably settled the matter by way of compromise with petitioners/accused persons and hereby undertakes to withdraw the litigations namely C.R.No.I82 of 2014 registered with Kadi Police Station, Dist. Mehsana against the petitioners.
2. It is decided between the applicant No.1 would get marry with Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Dec 06 00:45:00 IST 2015 R/CR.MA/21613/2015 ORDER the Res. No.2 before December, 2016 as because earlier, the applicant No.1 had refused to perform marriage with Resp. No.2. Even, the Opp. No.1 would not marry with any other girl though, the opp. No.1 engaged Suhana @ Tannu Mustubhai Patadiya r/o. Jamalpur Pagathiya, Ahmedabad.
3. It is further informed that at the time of love affair between Applicant No.1 and Resp. No.2 the Applicant No.1 got loan family in the name of Res. No.2 and presently there is also dispute about none payment of loan. Thus, the Applicant has given an assurance/ undertaking that Applicant No.1 shall give on amount of Rs.85000/ (Rupees Eighty Five thousand) to Resp. 2 on the say of final hearing of this application so that issue of the loan would also solved.
4. I respectfully say and submit that the dispute between the parties is resolved and there is no surviving grievance. The settlement arrived between us would be binding to me/my legal representative with respect to this offence i.e. C.R.No.I82 of 2014 registered with Kadi Police Station, Dist. Mehsana for all time to come in future. I have settled this matter without any coercion or force from the petitioners/accused persons.
5. I respectfully say and submit that I am withdrawing all allegations alleged by me with respect to this offence i.e. C.R.No.I 82/2014 and submits my consent for quashing of the said criminal complaint and Sessions Case No.71 of 2015, pending before the Ld. Sessions Judge, Mehsana before this Hon'ble Court).
6. I say and submit that I have settled the dispute with the petitioners and therefore, in the interest of justice and to lessen the hardship of the parties, I agree to quash the F.I.R. registered as C.R.No.I82 of 2014 for the offences punishable U/s.307, 328, 323, 324 and 114 of IPC and u/s.135 of G.P. Act, and Sessions Case No.71 of 2015, pending before the Ld. Sessions Judge, Mehsana, in light of the judgment of the Hon'ble Apex Court in case of B.S. Joshi and others Vs. State of Haryana and another, reported in (2003) 4 SCC
675.
7. I respectfully submit that the affidavit tendered by me need to be considered at the time of deciding the application.
8. The contents of para nos.1 to 7 of this affidavit are read over to me and explained to me in Gujarati and the same are true and correct to the best of my knowledge and belief."
5. Ordinarily, I would not have accepted the consent for the Page 3 of 4 HC-NIC Page 3 of 4 Created On Sun Dec 06 00:45:00 IST 2015 R/CR.MA/21613/2015 ORDER quashing of the F.I.R. in a case of offence under Section307 of the I.P.C. in view of the two recent pronouncements of the Supreme Court, however, no case of attempt to commit murder is made out. In such circumstances, I have no hesitation in accepting the consent.
6. Taking into consideration the nature of the dispute and the fact that the parties have amicably settled the dispute, no useful purpose would now be served to allow the proceeding of the sessions case to go further. The affidavit filed by the original first informant is ordered to be taken on record.
7. In the result, this application is allowed. The further proceedings of Sessions Case No.71 of 2015 pending in the Court of the learned Sessions Judge, Mehsana arising from the F.I.R. being C.R. No.I82 of 2014 filed before the Kadi Police Station, DistrictMehsana, are hereby ordered to be quashed. All the consequential proceedings pursuant thereto shall stand terminated.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun Dec 06 00:45:00 IST 2015