Gujarat High Court
Brijrajsinh S/O Kiritsinh Gohil vs State Of Gujarat on 26 February, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/4704/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 4704 of 2018
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BRIJRAJSINH S/O KIRITSINH GOHIL
Versus
STATE OF GUJARAT
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Appearance:
MR LAXMANSINH M ZALA for the PETITIONER(s) No. 1
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 26/02/2018
ORAL ORDER
1. RULE returnable forthwith. Ms. Moxa Thakkar, the learned APP waives service of notice of rule for and on behalf of the respondent no. 1 - State of Gujarat. Ms. Shivani, the learned advocate has entered appearance and waives service of notice of rule for and on behalf of the respondent no. 2 original complainant.
2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant seek to invoke the inherent powers of this Court praying for quashing of the First Information Report being CR-No. II- 13 of 2018 registered with the Bopal Police Station, District: Ahmedabad, for the offences punishable under Sections 323, 504 and 506(2) of the Page 1 of 4 R/CR.MA/4704/2018 ORDER Indian Penal Code read with Section 135 of the G. P. Act on the ground that the parties have amicably resolved the dispute.
3. An affidavit dated 19.02.2018 has been filed on behalf of the respondent no. 2 original complainant, inter alia, stating as under:
"I, Prakashsinh s/o Anangpal Sinh Suryanvanshi, Aged: 21 years, Male, Occupation: Service, Presently Residing at:
Thaltej Gam, Ahmedabad, Permanent Resident of Village, Barvan, Taluka: Savajpur, District: Hardoi, Uttar Pradesh. Complainant herein, have filed one complaint being C.R. No. II-13 of 2018 registered with Bopal Police Station, Ahmedabad, for the offences punishable under Sections 323, 504 and 506(2) of Indian Penal Code read with 135 of G.P. Act. I further say and submit that I further state on oath and solemnly affirm that
1. I say and submit that the aforesaid complaint is lodged by me in a spur of moment. I further say and submit that the complainant and applicant no.2 are known to each other as the complainant used to work in the apartment, wherein, the applicant is Page 2 of 4 R/CR.MA/4704/2018 ORDER also residing. Therefore, we both parties have mutually understood and agreement is arrived between me and applicant in the above said F.I.R.
2. I further states that I have lodge the F.I.R. due to a spur of moment and as such now I intend that I have no objection if the F.I.R. being C.R. No.II-13 of 2018 registered with Bopal Police Station, Ahmedabad and if any subsequent proceedings arisen thereof, is hereby quashed filed against the applicant herein. I further say that the dispute is amicably settled between the parties and also the complainant does not wish to proceed further with the aforesaid FIR filed against applicant.
3. I further say and submit that the settlement arrived in between me and the applicant is without any force and/or any kind of threat from the side of applicant.
Solemnly affirmed at Ahmedabad on this 19th February, 2018."
4. Taking into consideration the fact that the parties have Page 3 of 4 R/CR.MA/4704/2018 ORDER amicably resolved the dispute, no useful purpose would now be served to permit the investigation to continue further.
5. In the result, this application is allowed. The First Information Report being CR-No. II- 13 of 2018 registered with the Bopal Police Station, District: Ahmedabad, is hereby ordered to be quashed. All consequential proceedings pursuant thereto shall also stand terminated.
Rule is made absolute. Direct service is permitted.
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