Gujarat High Court
Satish Bharatbhai Gamara vs State Of Gujarat & on 24 August, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/8930/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8930 of 2015
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SATISH BHARATBHAI GAMARA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR ATIT D THAKORE, ADVOCATE for the Applicant(s) No. 1
MR KUNAL S SHAH, ADVOCATE for the Respondent(s) No. 2
MR KL PANDYA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 24/08/2015
ORAL ORDER
1 Rule returnable forthwith. Mr. K.L. Pandya, the learned additional public prosecutor waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Kunal Shah, the learned advocate has entered appearance on behalf of the respondent No.2 original first informant and waives service of notice of rule.
2 By this application, the applicantsoriginal accused seek to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the First Information Report vide C.R. No.I89 of 2015 registered with the 'B' Division Police Station, Rajkot of the offence punishable under Sections 327, 323, 324, 504, 506, 143, 147 and 148 of the Indian Penal Code and Section 135(1) of the G.P. Act.
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R/CR.MA/8930/2015 ORDER
3 Today, when the matter is taken up for hearing, it is jointly
submitted by the learned advocates appearing for the respective parties that the dispute has been amicably resolved between the parties and the respondent No.2 has no objection if the first information report is quashed. The respondent no.2 viz. Vinodbhai @ Vinubhai Veljibhai Sakhia is personally present in the Court and he is being identified by his learned advocate Mr. Kunal Shah. He has also filed an affidavit dated 21.07.2015 interalia stating as under: "I, Vinodbhai @ Vinubhai Veljibhai Sakhia, Residing at Pitru Krupa Mira Park Society, besides Madhuvan Society, Morbi Road, Rajkot the complainant herein do hereby solemnly affirm and state as under:
1. I say and submit that, I have lodged FIR being I.C.R. No.89/2015 with BDivision Police Station, Rajkot against the petitioners of above referred petition, for the offence punishable under Sections 327, 323, 324, 504, 506, 143, 147, 148 of I.P. Code and Section 135(1) of the G.P. Act.
I say and submit that after registration of the FIR, dispute between us came to be resolved amicably with the help of friends, relatives and people of community as on account of minor misunderstanding and misconception resulting into filing the above referred FIR however the same is ow shorted out and now there is no illwill or grievance between us, in view of the same, I earnestly urge before this Honourable Court to terminate the proceedings as prayed for by quashing and setting aside the FIR registered with BDivision Police Station, Rajkot as I. C.R. No.89/2015 and further proceedings arising out of the same and if the same is terminated I have no objection."
4 Taking into consideration the fact that the dispute between the parties has been amicably settled, no useful purpose would now be served to continue with the investigation. The affidavit is ordered to be taken on record.
5 In the result, this application is allowed. The First Information
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R/CR.MA/8930/2015 ORDER
Report vide C.R. No.I89 of 2015 registered with the 'B' Division Police Station, Rajkot of the offence punishable under Sections 327, 323, 324, 504, 506, 143, 147 and 148 of the Indian Penal Code and Section 135(1) of the G.P. Act is ordered to be quashed. Consequently, all further proceedings pursuant thereto shall stand terminated. Rule is made absolute. Direct service is permitted.
6 The Registry shall accept the vakalatnama of Mr. Kunal Shah the learned advocate who has entered appearance on behalf of the respondent No.2.
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