Gujarat High Court
Rameshbhai Chelabhai Susara vs State Of Gujarat & on 16 August, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/19915/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO.19915 of 2017
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RAMESHBHAI CHELABHAI SUSARA....Applicant
Versus
STATE OF GUJARAT & 1....Respondents
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Appearance :
MEET M THAKKAR, ADVOCATE for the Applicant.
MR. JAY M THAKKAR, ADVOCATE for the Applicant.
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent No.1.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 16/08/2017
ORAL ORDER
1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Bhavik Samani states that he has an instructions to appear for the respondent No.2 - complainant. He is permitted to file his appearance forthwith.
2. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents.
3. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith.
4. 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 quashing and setting aside Page 1 of 4 HC-NIC Page 1 of 4 Created On Thu Aug 17 02:09:35 IST 2017 R/CR.MA/19915/2017 ORDER F.I.R. bearing C.R. No. I - 47 of 2016 registered with Vichiya Police Station, Dist. Rajkot for the commission of offence punishable under Sections 376, 506 (2) of the IPC and Section 135 of the Gujarat Police Act as well as all other consequential proceedings arising out of the aforesaid FIR i.e. Criminal Case No.55 of 2017 pending before learned Additional Sessions Judge, Rajkot qua the applicant.
5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicant. It is submitted that 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 due to intervention of trusted persons of the society. It is 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.
6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected.
7. Learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for respondent No.2 also relied upon the Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu Aug 17 02:09:35 IST 2017 R/CR.MA/19915/2017 ORDER affidavit filed by respondent No.2 - Dayaben Kasturbhai Solanki dated 1.8.2017. Respondent No.2 is present in person before the Court and is identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicant and respondent No.2 is resolved due to intervention of trusted persons of the society and she is married and having a child and, therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
8. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. 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.
9. Resultantly, this application is allowed and the impugned F.I.R. bearing C.R. No. I - 47 of 2016 registered with Vichiya Police Station, Dist. Rajkot is hereby quashed and set aside qua the applicant as well as all other consequential Page 3 of 4 HC-NIC Page 3 of 4 Created On Thu Aug 17 02:09:35 IST 2017 R/CR.MA/19915/2017 ORDER proceedings arising out of the aforesaid FIR i.e. Criminal Case No.55 of 2017 pending before learned Additional Sessions Judge, Rajkot is also quashed and set aside qua the applicant. Accordingly, Rule is made absolute.
Direct service is permitted.
(A.J.DESAI, J.) Savariya Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Aug 17 02:09:35 IST 2017