Gujarat High Court
Jugalkishor Harikishan Chandak vs State Of Gujarat on 23 June, 2020
Equivalent citations: AIRONLINE 2020 GUJ 1578
Author: A.G.Uraizee
Bench: A.G.Uraizee
R/CR.MA/5234/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5234 of 2020
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JUGALKISHOR HARIKISHAN CHANDAK
Versus
STATE OF GUJARAT
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Appearance:
MR IH SAIYED FOR MR. SURAJ A SHUKLA(7185) for the Applicant(s) No.
1,2
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 2
MS JIRGA JHAVERI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 23/06/2020
ORAL ORDER
1. Rule returnable forthwith. Ms. Jirga Jhaveri, learned APP waives service of Rule on behalf of the respondent No.1 - State and Mr. Jeet Y. Rajya Guru, learned advocate for the respondent No.2 waives service of Rule on behalf of the respondent No.2.
2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused persons seek to invoke the inherent powers of this Court praying for quashing of the FIR being C.R. No. 11210046200251 of 2020 registered with Puna Police Station, Surat, for the offence punishable under Sections 306, 323, 504 and 114 of Indian Penal Code.
3. Heard Mr. I.H. Saiyed, learned senior advocate assisted by Mr. Suraj Shukla, learned advocate for the applicants, Ms. Jirga Jhaveri, learned APP for the respondent No.1 - State and Mr. Jeet Rajyaguru, learned advocate for the respondent No.2 - defecto complainant.
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4. Mr. Saiyed, learned senior advocate and Mr. Rajyaguru, learned advocate jointly submit that an amicable settlement has arrived at between the parties and the respondent No.2 - defecto complainant has no objection, if the impugned FIR is quashed.
5. Ms. Jirga Jhaveri, learned APP for respondent No.1 for the respondent No.1 - State has opposed the present application. Relying upon the decision of the Hon'ble Supreme Court in the case of State of M.P. Vs. Kalyansingh reported in 2019(4) SCC 268, she submits that the applicants are involved in the offence punishable under Section 306 and other allied Sections of the Indian Penal Code, which is merely because of settlement as taken place between the applicant and respondent No.2 - defecto complainant, the impugned FIR may not be quashed. Ms. Jhaveri, learned APP has tendered a report of the Investigating Officer, which also discloses that an amicable settlement has been taken place between the applicants and the defecto complainant. The report is ordered to be taken on record. She further submits that the offence under Section 306 of Indian Penal Code is not compoundable under Section 323 of Indian Penal Code and therefore also, the impugned FIR may not be quashed.
6. The respondent No.2 - defecto complainant has tendered the affidavit, which reads infra:
"I, Kamalkishor Devilal Toshniwal, Aged: 56 Years, Occupation:
Business, Residing at: C/1101, Abhisehk Residency, Part-II, Opp. Bhaktidham Temple, Puna Kumbhariya Road, Surat, do hereby solemnly affirm and state on oath as under:
I say that I am residing at the address mentioned hereinabove. I say that I am the Respondent No.2 in the captioned application preferred by the Applicants herein and the Orig. Complainant in the FIR bearing I CR. No.11210046200251 of 2020 registered with Puna Police Station, Surat, against the present Applicants for the offences punishable under Sections 3056, 323, 504 and 114 of the Indian Penal Code.Page 2 of 4 Downloaded on : Tue Jun 23 22:02:10 IST 2020
R/CR.MA/5234/2020 ORDER I say that I have received memo of the captioned application filed by the Applicants before this Hon'ble Court. I say that I have read over memo of the application and my advocate has clearly stated about the contents and prayer of the captioned application and after understanding the facts and prayer prayed in the application by the present Applicants and therefore, I am filing this present affidavit.
I say that my younger brother namely Sushil Devilal Toshniwal had committed suicide on 11.02.2020 by jumping from the lobby of the 6th Floor of Ashirwad Market pursuant which, I had filed the impugned FIR against the Applicants herein as my brother was working as a manager in the shop of the present Applicants since last three years however, after filing of the impugned FIR, I came to know that my brother had committed suicide out of guilt as he was caught committing theft in the shop of the Applicants since last more than 2 years and also when my brother came to know that the health of my father was deteriorating because of his act and because of him, his family would have to face embarrassment, he chose to end his life out of the said guilt.
I say that now after realizing my mistake of filing an FIR against the present Applicants, I had settled the dispute amicably with the present Applicants and that I have no grievance left against the Applicants herein and thus, now no dispute remains amongst us. I say that I have no objection, if the FIR bearing I CR. No.11210046200251 of 2020 dated 12.02.2020 registered before Puna Police Station, Surat, against the present Applicants for the offences punishable under Section 306, 323, 504 and 1154 of the Indian Penal Code is quashed and set aside by this Hon'ble court along with all the consequential proceedings.
I confirm that I will not file any other complaint or suit or any other litigation of any nature before any Court, Tribunal or Authority against the Applicants herein in view of the settlement arrived between us.
I further confirm that I do not have any objection if this Hon'ble Court quashed and set the and set aside by this Hon'ble Court along with all the consequential proceedings.
I further confirm that I do not have any objection if this Hon'ble Court quash and set aside the FIR bearing I. CR. 11210046200251 of 2020 dated 12.02.2020 registered with Puna Police Station, Surat, against the present Applicants for the offence punishable under Sections 306, 323, 504 & 114 of the Indian Penal Code is quashed and set aside by this Hon'ble Court along with all the consequential proceedings.
I say that I am executing this present affidavit at my free will, Page 3 of 4 Downloaded on : Tue Jun 23 22:02:10 IST 2020 R/CR.MA/5234/2020 ORDER without any undue harassment or without any pressure or any undue coercion and I have no objection if the FIR bearing I I. CR. 11210046200251 of 2020 dated 12.02.2020 registered with Puna Police Station, Surat, against the present Applicants for the offence punishable under Sections 306, 323, 504 & 114 of the Indian Penal Code is quashed and set aside by this Hon'ble Court along with all the consequential proceedings. "
7. 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 respondent No.2 - defecto complainant is ordered to be taken on record.
8. In the result, this application is allowed. The FIR being C.R. No. 11210046200251 of 2020 registered with Puna Police Station, Surat, is ordered to be quashed. All consequential proceedings pursuant thereto shall stand terminated. Rule is made absolute.
(A.G.URAIZEE, J) Pallavi Page 4 of 4 Downloaded on : Tue Jun 23 22:02:10 IST 2020