Gujarat High Court
Ishwarbhai Keshavbhai Dhanani vs State Of Gujarat & on 16 February, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/3263/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 3263 of 2011
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ISHWARBHAI KESHAVBHAI DHANANI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR SP MAJMUDAR, ADVOCATE for the Applicant.
MS MOXA THAKKAR, LD.ADDL.PUBLIC PROSECUTOR for the Respondent
No. 1
RULE SERVED for the Respondent No. 2
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 16/02/2016
ORAL ORDER
1. By way of the present petition under Section 482 of the Code of Criminal Procedure, the applicant - original accused has prayed to quash and set aside the FIR being C.R.No.II - 138 of 2011 registered with Babra Police Station, Amreli for the offence punishable under sections 323, 504, 506(2) and 114 of the IPC and subsequently prayer was amended and it was requested that the charge-sheet filed in connection with the aforesaid FIR also be quashed.
2. It appears that this matter was listed before coordinate bench of this Court on 11/12/2015 and on that day following order was passed:
"Dispute between the parties seems to be a family dispute and also dispute regarding Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Feb 18 02:24:58 IST 2016 R/SCR.A/3263/2011 ORDER the return of Rs.1 Lac. I am of the view that the matter can be settled through Mediation Center between the parties. Let this file be sent to the Mediation Center. Learned Counsel for the petitioner undertakes to inform the other side as well. Both the parties will appear on 5th January,2016 before the Mediation Center."
3. Pursuant to the above order dated 11/12/2015, this matter was placed before Gujarat High Court Mediation Centre, Ahmedabad. Learned Mediator Mr.N.D.Gohil was successful in getting the matter settled and accordingly the report dated 10/02/2016 was prepared and the same is produced before this Court. The said report reads as under:
"Captioned matter was referred to the Gujarat High Court Mediation Centre vide order dated 11/12/2015 (Coram: Hon'ble Mr.Justice Mohinder Pal). The dispute was discussed at length with both the parties and Ld.Adv.Harish Soni on behalf of Ld.Adv. S.P.Majmudar for petitioner (original accused).
Today both the parties and Ld.Adv.Harish Soni on behalf of Ld.Adv.S.P.Majmudar) for petitioner (original accused) are present at the Mediation Centre. After prolong discussion, the Resp.No.2-Shri Gajendrabhai Muljibhai Mandani (original complainant) has no objection if the FIR being C.R.No.II138 Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Feb 18 02:24:58 IST 2016 R/SCR.A/3263/2011 ORDER of 2011 registered at Babra Police Station, Babra, Dist.Amreli u/s.323, 504, 506(2) and 114 of IPC as well as all proceedings arising out of the above referred FIR be quashed and set aside.
The mediation is successful in view of the settlement arrived at between the parties. Ld.Advocate for petitioner and the Resp.No.2 (complainant) have contributed satisfactorily to settle the dispute between the parties. Both the parties have signed the mutual consent and copy of the same has been forwarded to the Registry of the High Court with request to place the aforesaid matter before the Hon'ble Court for appropriate orders.
Date: 10/02/2016 (N.D.Gohil)
Mediator"
4. Respondent No.2 - Original complainant is served and has not remained present or engage any lawyer. Considering the above report of the Mediator, I am of the opinion that the application requires consideration. Accordingly, this application is allowed. The FIR being C.R.No.II - 138 of 2011 registered with Babra Police Station, Amreli for the offence punishable under sections 323, 504, 506(2) and 114 of the IPC as well as charge-sheet filed therein, are hereby quashed and set aside. Rule is made absolute accordingly. Direct service is permitted.
[A.J.DESAI,J.] *dipti Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Feb 18 02:24:58 IST 2016