Gujarat High Court
Manhar I.E.Munno Chanabhai Gamit vs State Of Gujarat & 2 on 8 October, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/2824/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2824 of 2015
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MANHAR I.E.MUNNO CHANABHAI GAMIT....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
CORIN M CHRISTIE, ADVOCATE for the Applicant(s) No. 1
MR BG PATANI, ADVOCATE for the Applicant(s) No. 1
KAMINI M GAYKWAD, 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 : 08/10/2015
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 respondents Nos.1 and 3. Ms. Kamini Gaykwad 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.I192 of 2014 registered with the Vyara Police Station, Tapi of the offence punishable under Sections 376 and 506(2) of the Indian Penal Code.
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R/SCR.A/2824/2015 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. Chaniben is personally present in the Court and she is being identified by his learned advocate Ms. Kamini Gaykwad. She has also filed an affidavit dated 08.10.2015 interalia stating as under: "I, Chaniben Chimanbhai Gamit, aged 75 years, Sex Female, Residing at Pati village, Gandhi Ovara, Faliu, Tal. Vyara, District. Tapi, do hereby solemnly affirm and state on oath as under:
1. I say and submit that I am the original complainant and the respondent No.2 in this Special Criminal Application. I am conversant with the facts and circumstances of the present case and hence, I am competent to depose on oath as under:
2. I say and submit that I lodged F.I.R. against the present petitioners at Vyara Police Station, District Tapi for the offences under Sections 376 and 506(2) of the Indian Penal Code and Vyara Police registered the offence vide C.R. No.I192/2014 on 03/11/2014. I say and submit that out of anger, I rushed to Vyara Police Station and out of anger, narrated the story before the Police and gave a complaint which was registered by the Police vide C.R. No.I 192/2014 for the offence u/s. 376 and 506(2) of the Indian Penal Code.
3. I say and submit that there was personal dispute between me and petitioner, heat of passion the FIR came to be lodged but as I have realized that the issue was trivial in nature and as the same has already been amicably settled with the intervention of the family members of both the side and with the intervention of the frontrunners of our community and we have decided to solve the disputes and misunderstanding between us simultaneously. Now I am heartily repenting for the same I have no grievance against the present petitioners and now, I am not interested in him and further for the alleged commission of offences.
4. I say and submit that I have filed this affidavit voluntarily and in sound state of mind without being influenced by any factor."Page 2 of 3
HC-NIC Page 2 of 3 Created On Wed Oct 14 00:52:07 IST 2015 R/SCR.A/2824/2015 ORDER 4 The facts of this case are quite peculiar. The respondent No.2 - original first informant and the victim is aged 65. According to the allegations levelled in the F.I.R., the applicant aged 37 committed the offence under Section 376 of the Indian Penal Code. Prima facie, the entire case seems to be highly doubtful. Without going into the merit, since the parties have amicably settled the dispute, there should not be any difficulty in quashing the F.I.R.
5 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.
6 In the result, this application is allowed. The First Information Report vide C.R. No.I192 of 2014 registered with the Vyara Police Station, Tapi of the offence punishable under Sections 376 and 506(2) of the Indian Penal Code is ordered to be quashed. Consequently, all further proceedings pursuant thereto stand terminated. Rule is made absolute. Direct service is permitted.
7 The Registry shall accept the vakalatnama of Ms. Kamini Gaykwad the learned advocate who has entered appearance on behalf of the respondent no.2.
(J.B.PARDIWALA, J.) chandresh Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Oct 14 00:52:07 IST 2015