Gujarat High Court
Dilipji Jivanji @ Vikramji Lalaji ... vs State Of Gujarat on 23 March, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/6200/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6200 of 2018
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DILIPJI JIVANJI @ VIKRAMJI LALAJI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR. JIT P PATEL(6994) for the PETITIONER(s) No. 1,11,2,3,5,6,7,8,9
for the RESPONDENT(s) No. 2,3
MR. RAKESH PATEL, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 23/03/2018
ORAL ORDER
RULE returnable forthwith. Mr. Rakesh Patel, the learned APP waives service of notice of rule for and on behalf the respondent no. 1 -
State of Gujarat. Mr. Sandeepkumar Pandya, the learned advocate has entered appearance and waives service of notice of rule for and on behalf of the respondent no. 2 - original complainant.
By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the First Information Report being CR I-
No. 16 of 2018 registered with the Harij Police Station, District: Patan, for the offence punishable under Sections 395, 397, 504 of the IPC, Section 25(1)(b)(a) of the Arms Act, Sections 3(1)(i), 3(1)(R)(S), 3(2)(5), Page 1 of 6 R/CR.MA/6200/2018 ORDER 3(2)(5)(a) of the Prevention of Atrocities Act and Section 135 of the Gujarat Police Act, on the ground that the parties have amicably resolved the dispute.
An affidavit dated 23.03.2018 has been filed on behalf of the respondent no. 2 - original complainant, inter alia, stating as under:
"I, Mahesh Hirabhai Solanki, Aged 23, residing at Village Dunavada Taluka Harij, District Patan, state on oath and submit as under
(1) That I am the complainant in the above captioned petition and on the basis of my complaint the FIR being CR No. I-16 of 2018 dated 04.03.2018 registered with the Harij Police Station for the offences punishable under sections 395, 397 and 504 of IPC read with section 25(1)(b)(a) of Arms Act, offences U/s 3(1)(i), 3(1)(R)(S), 3(2)(5), 3(2)(5)(a) of the Prevesntion of Atrocity Act read with Section 135 of the Gujarat Police Act and therefore I am aware about the facts of the present case and competent to file the present affidavit.
(2) At the outset, I submit that I am filing this affidavit in support of the petition. I say and submit that after the registration of the aforesaid FIR, I have settled the dispute with the petitioners with the intervention of the leaders, elders and front runners of out village and therefore, I have decided not to proceed with the present FIR/Complaint.
(3) I further say that the dispute of this offence is of private nature and therefore, public at large is not affected by the offence, therefore, I voluntarily give my consent and without any force or coercion on me for the quashing of the said FIR/ Complaint.
(4) I say and submit that as I have already settled the dispute amicably with the help of other Page 2 of 6 R/CR.MA/6200/2018 ORDER members of our locality, I do not wish to proceed with the criminal case and even thereafter, if the case is to proceed further the same would lead to shameful and embarrassing situation therefore, I would prefer not to step into witness box and to give evidence against the petitioners, neither I wish that the precious time of the Hon'ble Court be wasted in a matter which has already been compromised and therefore, the impugned FIR may kindly be quashed on the ground of settlement arrived at between me and the petitioners.
(5) I say and submit that the fact that Mr. Pradhanji Raiyaji Thakore was carrying a pistol/gun with him while commissioning of the alleged offence is misplaced and the said allegation is made on the basis of misunderstanding and hearsay information. Even otherwise I say and submit that no firing took place during the alleged incident and no fire arm was used during the alleged quarrel.
(6) I say and submit that the FIR was filed by me therefore, I am filing this affidavit with my free will and consent and I would request that this application may kindly be allowed and the impugned FIR may be quashed and set aside on the ground of settlement.
(7) That what is stated hereinabove is true and correct to the best of my knowledge and I believe the same to be true and I state the same on solemn oath.
(8) Hence, in light of the facts and circumstances stated above I have no objection if the FIR being CR No. I-16 of 2018 dated 04.03.2018 registered with the Harij Police Station is quashed and set aside qua the present applicants accused persons.
I solemnly state and affirm that what is stated above is true to the best of my knowledge and Page 3 of 6 R/CR.MA/6200/2018 ORDER believe it to be true."
An affidavit dated 23.03.2018 has been filed on behalf of the injured witness, inter alia, stating as under:
"I, Kapil Kamabhai Solanki, Aged 30 years, residing at village Dunavada Taluka Harij, District Patan, state on oath and submit as under:
(1) That I am the injured witness in the above captioned petition and on the basis of my complaint by Mr. Mahesh Hirabhai Solanki the FIR being CR No. I-16 of 2018 dated 04.03.2018 registered with the Harij Police Station for the offences punishable under sections 395, 397 and 504 of IPC read with section 25(1)(b)(a) of Arms Act, offences U/s 3(1)(i), 3(1)(R)(S), 3(2)(5), 3(2) (5)(a) of the Prevesntion of Atrocity Act read with Section 135 of the Gujarat Police Act and therefore being the witness in the alleged offence I am aware about the facts of the present case and competent to file the present affidavit.
(2) At the outset, I submit that I am filing this affidavit in support of the petition. I say and submit that after the registration of the aforesaid FIR, I have settled the dispute with the petitioners with the intervention of the leaders, elders and front runners of out village and therefore, I have decided not to proceed with the present FIR/Complaint.
(3) I further say that the dispute of this offence is of private nature and therefore, public at large is not affected by the offence, therefore, I voluntarily give my consent and without any force or coercion on me for the quashing of the said FIR/ Complaint.
(4) I say and submit that as I have already settled the dispute amicably with the help of other members of our locality,and only minor injuries Page 4 of 6 R/CR.MA/6200/2018 ORDER were caused to me during the incident ad therefore I do not wish to proceed with the criminal case and even thereafter, if the case is to proceed further the same would lead to shameful and embarrassing situation therefore, I would prefer not to step into witness box and to give evidence against the petitioners, neither I wish that the precious time of the Hon'ble Court be wasted in a matter which has already been compromised and therefore, the impugned FIR may kindly be quashed on the ground of settlement arrived at between me and the petitioners.
(5) I say and submit that the FIR was filed by me therefore, I am filing this affidavit with my free will and consent and I would request that this application may kindly be allowed and the impugned FIR may be quashed and set aside on the ground of settlement. That I have also conveyed and discussed my decision with the complainant Mr. Mahesh Solanki and we both agree to end the dispute and maintain communal harmony.
(6) That what is stated hereinabove is true and correct to the best of my knowledge and I believe the same to be true and I state the same on solemn oath.
(7) Hence, in light of the facts and circumstances stated above I have no objection if the FIR being CR No. I-16 of 2018 dated 04.03.2018 registered with the Harij Police Station is quashed and set aside qua the present applicants accused persons.
I solemnly state and affirm that what is stated above is true to the best of my knowledge and believe it to be true."
Taking into consideration the fact that the parties have amicably Page 5 of 6 R/CR.MA/6200/2018 ORDER resolved the dispute, no useful purpose would now be served to permit the investigation to continue further.
Mr. Jit Patel, the learned counsel appearing for the applicants submitted that the applicant nos. 1, 3, 9, 10 and 11 are in judicial custody.
As the FIR has been quashed in the wake of the settlement arrived at between the parties, they had set at a liberty forthwith if not required in any other case.
In the result, this application is allowed. The First Information Report being CR I-No. 16 of 2018 registered with the Harij Police Station, District: Patan, is hereby ordered to be quashed. All consequential proceedings pursuant thereto shall also stand terminated.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J) Bhoomi Page 6 of 6