Gujarat High Court
Ganeshbhai Ramabhai Prajapati & 2 vs State Of Gujarat & on 3 April, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/8497/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8497 of 2017
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GANESHBHAI RAMABHAI PRAJAPATI & 2....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR SUNIL S JOSHI, ADVOCATE for the Applicant(s) No. 1 - 3
MR NATVAR D BHARWAD, ADVOCATE for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 03/04/2017
ORAL ORDER
1. Rule returnable forthwith. Ms. Pathak, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Natvar Bharwad, 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 Section 482 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 F.I.R. being C.R.No.I60 of 2016 filed before the Bopal Police Station, District Ahmedabad (Rural), for the offence punishable under Sections406, 420 r/w.114 of the I.P.C.
3. Today when the matter is taken up for hearing, it is jointly Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Aug 15 16:38:33 IST 2017 R/CR.MA/8497/2017 ORDER submitted by the learned advocates appearing for the parties that an amicable settlement has taken place and the quashing of the FIR is prayed for with the consent of the respondent No.2 viz.Rameshbhai Khodabhai Bharwad. He has also filed an affidavit, confirming about the settlement. The affidavit reads thus: I, Rameshbhai Khodabhai Bharwad, respondent No.2 herein, do hereby on solemn affirm and oath on affirmation submit as under:
1. The contents of the captioned application are read over to me and explained in vernacular and as I am the first informant of the FIR dated 15.7.2016 being I CR No.60/2016 registered with Bopal Police Station for the offences under Sections 406, 420 and 114 of IPC, I am conversant with the subject matter of the application and therefore competent to affirm the present AffidavitinReply.
2. I state that I had lodged the aforesaid FIR, interalia, alleging that accused No.1 had executed an agreement to sell dated 3.6.2014 for selling his part of the land in dispute in my favour for a consideration of Rs.25 lakh and an amount of Rs.21 lakh was paid by me by way of part payment pursuant to the said agreement. In spire of having executed such agreement to sell, accused No.1, disowned the same and attempted to sell the said land in favour of the others. Some exchange of public notices took place between me and accused No.1 through the lawyers of respective parties and ultimately, accused No.1 executed a registered sale deed dated 6.6.2016 in favour of accused No.2 to 4 in breach of the said agreement to sell. I had therefore filed Regular Civil Suit No.138/2015 before the Civil Court, Sanad against accused No.1 and other coowners of the said land, but the plaint of the said suit was rejected by the Hon'ble Court by an order dated 7.4.2016. Thereafter, another suit being Special Civil Suit No.230/2016 came to be filed by me praying for the relief of specific performance against accused No.1 and other coowners and for the cancellation of the sale deed executed in favour of accused Nos.2 to 4. The said suit was filed before the learned Principal Senior Civil Judge (Rural) at Ahmedabad.
3. In the course of hearing of the said suit, I as well as the accused persons have entered a compromise and pursuant to the same by executing a cancellation deed dated 20.3.2017, I have voluntarily cancelled the agreement to sell dated 3.6.2014 executed in my favour by accused No.1 in respect of the disputed land. I have also withdrawn Special Civil Suit No.230/2016 unconditionally by withdrawal purshis dated 20.3.2017. I stand by and confirm the contents of withdrawal purshis as well as the cancellation deed dated 20.3.2017 executed by Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Aug 15 16:38:33 IST 2017 R/CR.MA/8497/2017 ORDER me cancelling agreement to sell dated 3.6.2014. I further stand by and confirm the fact that I have received back the amount of consideration paid by me to accused No.1 under the agreement to sell dated 3.6.2014 and that I admit and confirm the sale deed dated 6.62016 executed by accused No.1 and other coowners in favour of accused Nos.2 to 4 and I further admit and confirm that by virtue of the said sale deed, the disputed land is owned and possessed by accused Nos.2 to 4 exclusively and that I have got no right, title or interest in the disputed land.
4. In view of the compromise entered by me with accused No.1 and other coowners of the said land, I do not want to further pursue the FIR in question and I have no objection if the captioned application is allowed and the FIR dated 15.7.2016 lodged by me and investigation done pursuant to the same is quashed and set aside.
What is stated hereinabove is true to the best of my knowledge, information and belief and I believe the same to be true.
Solemnly affirmed at Ahmedabad on this 3rd day of April, 2017."
4. 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 police to continue with the investigation. The affidavit filed by the respondent no.2original first informant is ordered to be taken on record.
5. In the result, this application is allowed. The F.I.R. being C.R.No.I 60 of 2016 filed before the Bopal Police Station, District Ahmedabad (Rural), is hereby ordered to be quashed qua the present applicants. All consequential proceedings pursuant thereto shall stand terminated.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Aug 15 16:38:33 IST 2017