Shailesh @ Lalabhai Gandubhai Boriya vs State Of Gujarat on 15 March, 2021

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Gujarat High Court

Shailesh @ Lalabhai Gandubhai Boriya vs State Of Gujarat on 15 March, 2021

Bench: Vaibhavi D. Nanavati

      R/CR.MA/16401/2020                                                ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO. 16401 of 2020
=====================================================
           SHAILESH @ LALABHAI GANDUBHAI BORIYA
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR K S CHANDRANI(6674) for the Applicant(s) No. 1
KUMAR H TRIVEDI(9364) for the Respondent(s) No. 2
MR. NILAY A THAKER(7275) for the Respondent(s) No. 2
MS MOXA THAKKER, APP for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 15/03/2021

                                  ORAL ORDER

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashment of F.I.R. bearing I C.R. No. 11208002201129 of 2020 registered with Aaji Dam Police Station, Rajkot for the commission of offence punishable under Sections 365, 364(A), 387, 506(2), 343, 323, 504 and 34 of the of the Indian Penal Code as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicant.

2. Heard the learned advocates appearing for the respective parties.

3. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. He submitted that Page 1 of 3 Downloaded on : Thu Jan 13 08:15:27 IST 2022 R/CR.MA/16401/2020 ORDER respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicant and respondent No.2 is resolved and the respondent no.2 has no objection if the FIR in question is quashed. He further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its inherent powers conferred under Section 482 of the Code and allow the application as prayed for.

4. Learned Additional Public Prosecutor appearing for the respondentState submits that prima facie case is made out on the basis of the FIR.

5. Mr. Nilay A. Thaker, learned advocate for the respondent no.2 has reiterated the contentions raised by the learned advocate for the applicant. He also relied upon the affidavit filed by respondent No.2. The affidavit of the respondent no.2complainant is ordered to be taken on record. The respondent no.2complainant has filed additional affidavit, wherein it is stated that the complainant has no objection if the entire FIR qua all the accuseds including three unknown persons are quashed and set aside in view of the fact that the dispute between the parties is amicably settled. The said additional affidavit is also Page 2 of 3 Downloaded on : Thu Jan 13 08:15:27 IST 2022 R/CR.MA/16401/2020 ORDER taken on record. The presence of the respondent no.2 is dispensed with. It is therefore submitted that the present application may be allowed.

6. Regard being had to the above submissions and looking to the facts and circumstances and more particularly, the factum of compromise admitted by the complainant, who was present before this Court and considering the nature of disputes between the parties which are all private in nature, this Court is of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

7. Resultantly, this application is allowed and the impugned F.I.R. bearing IC.R.No.11208002201129 of 2020 registered with Aaji Dam Police Station, Rajkot is hereby quashed and set aside qua the applicant. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua the applicant.

8. Direct service is permitted.

(VAIBHAVI D. NANAVATI,J) NEHA Page 3 of 3 Downloaded on : Thu Jan 13 08:15:27 IST 2022

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