Ajaysinh Raghuvirsinh Zala vs State Of Gujarat & on 23 September, 2015

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Gujarat High Court

Ajaysinh Raghuvirsinh Zala vs State Of Gujarat & on 23 September, 2015

Bench: J.B.Pardiwala

                    R/SCR.A/5574/2015                                                 ORDER




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5574 of 2015

         ==========================================================
                          AJAYSINH RAGHUVIRSINH ZALA....Applicant(s)
                                          Versus
                            STATE OF GUJARAT & 1....Respondent(s)
         ==========================================================
         Appearance:
         MR TATVDEEP J JANI, ADVOCATE for the Applicant(s) No. 1
         MS HANSA PUNANI, APPS for the Respondent(s) No. 1
         MR RAJ TRIVEDI, ADVOCATE for the Respondent No.2
         ==========================================================

                    CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                           Date : 23/09/2015


                                             ORAL ORDER

         1      Leave to amend the cause title is granted.


         2      Rule   returnable   forthwith.   Ms.   Hansa   Punani   the   learned

additional public prosecutor waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Raj Trivedi, the learned advocate has entered appearance on behalf of the respondent No.2 original first informant and waives service of notice of rule.

3 By this application, the applicantsoriginal accused seek to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the First Information Report vide C.R. No.I10 of 2015 registered with the Jamnagar Police Station of the offence punishable under Sections 325, 323, 504 and 506(2) of the Indian Penal Code and Section 3 (a)(x) of the Atrocities Page 1 of 3 HC-NIC Page 1 of 3 Created On Sun Mar 06 03:02:08 IST 2016 R/SCR.A/5574/2015 ORDER Act.

4 Today, when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the respective parties that the dispute has been amicably resolved between the parties and the respondent No.2 has no objection if the first information report is quashed. The respondent no.2 viz. Mukeshbhai Rambhai Gagera is personally present in the Court and he is being identified by his learned advocate Mr. Raj Trivedi. He has also filed an affidavit dated 21.09.2015 interalia stating as under: "I, Mukeshbhai Rambhai Gangera, Male, Aged 31 years, Having his address at : Gandhinagar, Momainagar, Jamnagar, respondent No.2 herein do hereby state on oath and solemn affirmation as under:

I say and submit that have filed the aforesaid FIR C.R. No.I10 of 2015 registered with City 'B" Division Police Station, Jamnagar, for the offences punishable under Sections 325, 323, 504 and 506(2) of IPC read with Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the present petitioner.

2. I respectfully submit that in the aforesaid complaint, at the instance of elders in the society, settlement has been arrived at with the accused persons i.e. present petitioners outside the court, and therefore, I do not want to proceed further with above mentioned complaint.

3. I respectfully submit that I have filed the complaint with respect to the illtreatment meted out to my son - Dharmesh and myself with some misunderstanding and in haste, but in fact, the accused person / petitioners have not committed any offence as alleged. However, I say that we, the parties have fully settled the dispute amicably outside the court. I sat that we have settled all issues with regard to the said land in question including present criminal proceedings and I do not have any objection if the complaint filed by me is quashed and set aside by this Honourable Court in exercise of its inherent power under Section 482 of the Code of Criminal Procedure, 1973."

5 Taking into consideration the fact that the dispute between the parties has been amicably settled, no useful purpose would now be Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Mar 06 03:02:08 IST 2016 R/SCR.A/5574/2015 ORDER served to continue with the investigation. The affidavit is ordered to be taken on record.

6 In the result, this application is allowed. The First Information Report vide C.R. No.I10 of 2015 registered with the Jamnagar Police Station of the offence punishable under Sections 325, 323, 504 and 506(2) of the Indian Penal Code and Section 3(1)(x) of the Atrocities Act is ordered to be quashed. Consequently, all further proceedings pursuant thereto stand terminated. Rule is made absolute. Direct service is permitted.

7 The Registry shall accept the vakalatnama of Mr. Raj Trivedi the learned advocate who has entered appearance on behalf of the respondent no.2.

(J.B.PARDIWALA, J.) chandresh Page 3 of 3 HC-NIC Page 3 of 3 Created On Sun Mar 06 03:02:08 IST 2016

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