Gujarat High Court
Dinesh Manubhai Parmar vs State Of Gujarat & on 18 February, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/2918/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 2918 of 2015
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DINESH MANUBHAI PARMAR....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR. VARUN G RAI, ADVOCATE for the Applicant(s) No. 1
MR VIRAL J VYAS, ADVOCATE for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 18/02/2015
ORAL ORDER
1 Mr. Viral Vyas, learned Advocate, states that he has instructions to appear on behalf of the original complainant respondent No.2 and shall file his VP.
2 By way of the present application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused, has prayed for quashing of the FIR registered at CR No. I59 of 2014 with Vallabhipur Police Station, for the offences punishable under Section 279, 337 and 338 of the Indian Penal Code and under Sections 177 and 184 of the Motor Vehicles Act on the ground that the dispute has been amicably settled between them outside the court and, therefore, the complainant has no objection to quashing of the impugned FIR and all other proceedings initiated pursuant thereto as they have amicably settled the dispute between them.
Page 1 of 3R/CR.MA/2918/2015 ORDER 3 Mr. Viral Vyas, learned Advocate, appearing for the
respondent No.2 original complainant has also stated that the dispute between the parties has been amicably settled and the respondent No.2- original complainant does not have any grievance against the applicant. Mr. Vyas, learned Advocate, has identified the complainant who is present in the court and also produced an affidavit duly affirmed, which is reproduced below.
"1 I have gone through the application filed by the petitioner and I say that the issue between the petitioner and me has been amicably settled and there is nothing left for either of us to proceed against anyone and, therefore, the impugned FIR lodged at Vallabhipur Police Station vide CR No. I59/2014 be quashed and set aside in view of the settlement arrived at between us.
2 I say that the dispute between petitioner and me have been amicable settled in connection with the FIR lodged at Vallabhipur Police Station on 29.12.2014 for the offenses under Section 279, 337 a nd 338 of the IPC and Sections 177 and 184 of the Motor Vehicle Act. I say that there is no force, coercion or undue influence on me from any corner.
3 I say that I have no objection if the FIR at AnnexureA registered at Vallabhipur Police Station vide CR No.I 59/2014 under Sections 279, 337 and 338 of the IPC and Sections 177 and 184 of the Motor Vehicle Act lodged on 29.12.2014 is quashed and set aside and prayer made by the petitioner in the present application is granted by this Hon'ble Court."
4 Considering the aforesaid aspects that the dispute between the parties has been settled and the complainant does not want to pursue the complaint any more and in view of the decision of the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab And Anr., as reported at (2012) 10 SCC 303, in my opinion, the present application requires consideration. Hence, the present application is allowed. The impugned FIR registered at CR No.I59 of 2014 before Page 2 of 3 R/CR.MA/2918/2015 ORDER Vallabhipur Police Station, for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and under Sections 177 and 184 of the Motor Vehicles Act and all other proceedings initiated pursuant thereto are hereby quashed and set aside qua the present applicant.
5 Rule is made absolute accordingly. Direct Service is permitted.
(A.J.DESAI, J.) pnnair Page 3 of 3