Gujarat High Court
Anil Kumar Jain & vs Manubhai Narsinhbhai Parmar & on 17 October, 2013
Author: A.J.Desai
Bench: A.J.Desai
ANIL KUMAR JAINV/SMANUBHAI NARSINHBHAI PARMAR R/CR.MA/16058/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 16058 of 2013 ============================================= ANIL KUMAR JAIN & 1....Applicant(s) Versus MANUBHAI NARSINHBHAI PARMAR & 1....Respondent(s) ============================================= Appearance: MR HB CHAMPAVAT, ADVOCATE for the Applicant(s) No. 1 - 2 MR RJ GOSWAMI, ADVOCATE for the Respondent(s) No. 1 MR YUNUS U MALEK, ADVOCATE for the Respondent(s) No. 1 MR RC KODEKAR APP for the Respondent(s) No. 2 ============================================= CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 17/10/2013 ORAL ORDER1
Rule. Learned APP Mr. R.C.Kodekar, for the respondent No.1 State and Mr.Y.U.Malek, learned Advocate for the respondent No.2 - original Complainant, waive service of rule on behalf of the respective parties. With the consent of learned Advocates appearing for the parties, the matter is taken up for final hearing.
2. Mr.Y.U.Malek, learned advocate is permitted to file his appearance on behalf of respondent No. 2 - original complainant and shall file his appearance within a period of two days. Mr.Y.U.Malek, learned advocate has also filed an affidavit on behalf of respondent original complainant, who is present in the Court and has been identified by Mr.Y.U.Malek, learned advocate.
3. By way of the present application under Section - 482 of the Code of Criminal Procedure,1973, the applicants - original accused persons, have prayed for quashing of the FIR registered at CR No. II 3063 of 2013 dated 22.3.2013 before Vejalpur Police Station, Ahmedabad filed against them for the offenses punishable under Sections 323, 506 and 114 of the Indian Penal Code and under Section 3(1)(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, on the ground that the matter is of private nature and at the intervention of respected members of the society, the dispute has already been settled between the parties.
4. Mr.Y.U.Malek, learned Advocate, appearing for the respondent No. 2 original complainant submitted that the respondent No.2 original complainant has filed an affidavit wherein he stated that due to interference of the respected members of the society a compromise deed is arrived between the applicants and complainant; the dispute between the parties has been amicably settled; he does not have any grievance against the applicants and, therefore, he has no objection if the impugned FIR is quashed against the applicants accused.
5. Considering the aforesaid aspects that the dispute between the parties has been settled amicably and complainant does not want to pursue his complaint and in view of the decision of the Hon ble Apex Court in the case of Gian Singh vs. State of Punjab And Anr., as reported at (2012) 10 SCC 303, in my opinion, the present application requires consideration. Hence, the present application is allowed. The impugned FIR registered at CR No. II 3063 of 2013 dated 22.3.2013 before Vejalpur Police Station, Ahmedabad filed against the present applicants for the offenses punishable under Sections 323, 506(2) and 114 of the Indian Penal Code and under Section 3(1)(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, is hereby quashed and set aside. Rule is made absolute accordingly. Direct Service is permitted.
(A.J.DESAI, J.) *Kazi Page 3 of 3