Gujarat High Court
Aagam Pankajbhai Shah vs State Of Gujarat & on 25 August, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/15732/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 15732 of 2015
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AAGAM PANKAJBHAI SHAH....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR. SAHIL M SHAH, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 25/08/2015
ORAL ORDER
1. Rule returnable forthwith. Mr. Pandya, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Hardik Dave, 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 applicantoriginal accused seeks to invoke the inherent powers of this Court for quashing of the F.I.R. being C.R. No.I 53 of 2015 filed before the Bopal Police Station, Ahmedabad, for the offence punishable under Sections279, 337 and 427 of the I.P.C. and Sections177 and 184 of the Motor Vehicle Act.
3. The quashing of the FIR is prayed for on the ground that the parties have amicably settled the dispute. The respondent no.2 viz.Alpeshbhai Lakhabhai Raval has filed an affidavit interalia stating as Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Aug 29 02:03:39 IST 2015 R/CR.MA/15732/2015 ORDER under: I, Alpeshbhai Lakhabhai Raval, Male, aged:23 years, residing at BopalGuma Road, PipadwadoMad, Village Bopal, Tal: Dascroi, Dist.:Ahmedabad, do hereby solemnly affirm and state on oath as under:
1. I am permanent resident address mentioned above. I state and submit that I have registered an FIR registered with Bopal Police Station, vide IC.R.No.53/2015 for the offences punishable U/Ss.279, 337 and 427 of IPC and Sections 177 and 184 of the Motor Vehicle Act.
2. I state and submit that the matter is amicably settled and that I do not wish to pursue the prosecution any further. Therefore, the FIR, against the present applicant may kindly be quashed and set aside in view of the settlement arrived at.
3. I respectfully submit before this Hon'ble Court that the dispute between me and the accused person have been amicable settled in connection with the FIR registered by me with Bopal Police Station, vide IC.R.No.53/2015 for the offences punishable U/Ss.279, 337 and 427 of IPC and Sections 177 and 184 of the Motor Vehicle Act. I do not intend to pursue the prosecution any further.
4. I respectfully submit that after the incident, I realize that there was no negligence on the part of the applicant and unavoidable circumstances had led to this accident. I submit that the applicant should be made guilty for the same and therefore, I request that the present FIR may be quashed and set aside by my consent."
He is personally present in the Court and he is being identified by his learned advocate Mr. Hardik Dave. He confirms about the settlement arrived at with the accused.
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.
5. In the result, this application is allowed. The F.I.R. being C.R. No.I53 of 2015 filed before the Bopal Police Station, Ahmedabad, is Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Aug 29 02:03:39 IST 2015 R/CR.MA/15732/2015 ORDER hereby ordered to be quashed. 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 Sat Aug 29 02:03:39 IST 2015