Rameshbhai Vallabhbhai Abhabgi & 2 vs The State Of Gujarat & on 24 December, 2014

[Cites 9, Cited by 0]

Gujarat High Court

Rameshbhai Vallabhbhai Abhabgi & 2 vs The State Of Gujarat & on 24 December, 2014

Bench: J.B.Pardiwala

       R/CR.MA/21670/2014                                  JUDGMENT




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                            FIR/ORDER) NO. 21670 of 2014



FOR APPROVAL AND SIGNATURE:



HONOURABLE MR.JUSTICE J.B.PARDIWALA

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

1   Whether Reporters of Local Papers may be allowed to see
    the judgment ?

2   To be referred to the Reporter or not ?

3   Whether their Lordships wish to see the fair copy of the
    judgment ?

4   Whether this case involves a substantial question of law as
    to the interpretation of the Constitution of India, 1950 or any
    order made thereunder ?

5   Whether it is to be circulated to the civil judge ?

================================================================
        RAMESHBHAI VALLABHBHAI ABHABGI & 2....Applicant(s)
                           Versus
           THE STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
TATVDEEP J JANI, ADVOCATE for the Applicant(s) No. 1 - 3
MR. RAJ A TRIVEDI, ADVOCATE for the Respondent(s) No. 2
MR.LB DABHI, APP for the Respondent(s) No. 1
================================================================

         CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                  Date : 24/12/2014




                                      Page 1 of 4
        R/CR.MA/21670/2014                                     JUDGMENT



                             ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Dabhi, the learned APP 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 informant and waives service of notice of rule. The Registry shall accept the vakalatnama of Mr. Raj Trivedi, the learned advocate who appeared on behalf of the respondent no.2 - complainant.

2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants original accused seek to invoke the inherent powers of this Court, praying for quashing of the F.I.R. being C.R.No.I221 of 2014 registered with the Jamnagar City 'C' Division Police Station, Jamnagar for the offence punishable under Sections - 326, 323, 143, 147, 148, 149 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act. The quashing of the First Information Report prayed for, with the consent of the original first informant, as a settlement has taken place between the parties.

3. The respondent No.2 Mr.Kantibhai Mohanbhai Busa, residing at Airforce2 Main Road, Mayank Apartment, Jamnagar, is personally present in the Court and he has been identified by his learned advocate Mr.Trivedi. He has also filed an affidavit inter alia stating as under: "I Kantibhai Mohanbhai Busa, aged about 49 years, Occupation labour, residing at Airforce2 Main Page 2 of 4 R/CR.MA/21670/2014 JUDGMENT Road, Mayank Apartment, Jamnagar, do hereby state as under :

1. I say and submit that I am the, respondent No.2, original complainant of the FIR being C.R.No.I221 of 2014 registered with the Jamnagar City 'C' Division Police Station, Jamnagar, wherein the offences punishable under Sections 326, 323, 143, 147, 148, 149 of Indian Penal Code, 1860 and under Section 135(1) of G.P. Act alleged.

2. I respectfully submit that in the aforesaid complaint, at the instance of mediators and 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 some misunderstanding and at the instance of neighbours plus in haste, but in fact, the accused persons / petitioners has not commited any offence as alleged against them in the complaint.

However, I say that we, the parties have fully settled the dispute amicably, which is of personal nature, outside the court. I say that we have settled all issues with regard to the dispute 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.

Solemnly affirmed on this 24th day of December, 2014 at Ahmedabad."

4. The affidavit is taken on record.

Page 3 of 4

R/CR.MA/21670/2014 JUDGMENT

5. Taking into consideration the nature of the dispute and the fact that the parties have decided to maintain peace and relations with each other, no useful purpose would now be served to allow the police to continue with the investigation.

6. In the result, this application is allowed. The F.I.R. being C.R.No.I221 of 2014 registered with the Jamnagar City 'C' Division Police Station, Jamnagar is hereby ordered to be quashed. Consequently, all further proceedings pursuant to the FIR shall stand terminated.

7. Rule is made absolute. Direct service is permitted.

(J.B.PARDIWALA, J.) Amar Page 4 of 4

Unlock Advanced Research with PRISMAI

Gujarat High Court