Gujarat High Court
Kanabhai Haribhai Padhiyar & 8 vs State Of Gujarat & on 8 January, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/433/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 433 of 2016
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KANABHAI HARIBHAI PADHIYAR & 8....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
V K ANANDJIWALA, ADVOCATE for the Applicant(s) No. 1 - 9
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/01/2016
ORAL ORDER
1. Rule returnable forthwith. Mr. Shah, the learned APP waives service of notice of Rule for and on behalf of the respondent No.1State of Gujarat. Mr.Kunal Shahi, the learned advocate has entered appearance for and on behalf of the respondent No.2original first informant and waives service of notice of Rule.
2. By this application, the applicants seek to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the First Information Report registered with the Tarapur Police Station, Anand, being C.R. No.I42 of 2015, for the offence punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code.
3. The quashing of the FIR is prayed for with the consent of the respondent No.2original complainant. The original complainantPratap Page 1 of 8 HC-NIC Page 1 of 8 Created On Tue Jan 12 02:12:32 IST 2016 R/CR.MA/433/2016 ORDER Kalubhai Rathod is personally present in the Court. He is being identified by his learned advocate Mr.Kunal Shahi. There are affidavits of not only the first informantrespondent No.2, but also of the four injured witnesses, inter alia, stating as under:
"I, Pratap Kalubhai Rathod, aged about 35 years, Residing at Milrampura, Chowk Faliya, Taluka Tarapur, District Anand, do hereby solemnly affirm and state on oath as under:
"1. I am permanent resident address mentioned above. I state and submit that I have registered an FIR was registered with Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198/2015 pending before the Principal District Judge, Anand.
2. I state and submit that, the issues between the applicant and the Association has been amicably settled and there is nothing left for either of us to proceed against anyone and therefore, the FIR, charge sheet and Sessions case No.198 of 2015 pending before Principal District Judge, Anand against the present applicants be quashed and set aside in view of the settlement at.
3. I respectfully submit before this Hon'ble Court that the dispute between me and the accused persons has been amicable settled in connection with the FIR registered by me with Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before Principal District Judge, Anand.
4. I respectfully submit that, I and the accused persons are residing in the same village because of the intervention of the elders of the community and common friends; we have amicably settled the dispute.
5. I respectfully state that, both the parties i.e. the complainant and the accused persons have filed cross complaint each other and now both the parties have decided amicably settle the dispute.
6. I respectfully submit before this Hon'ble Court that I do not have any objection if the FIR registered with Tarapur Police Station, Anand vide I C.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 Page 2 of 8 HC-NIC Page 2 of 8 Created On Tue Jan 12 02:12:32 IST 2016 R/CR.MA/433/2016 ORDER pending before the Principal District Judge, Anand be quashed and set aside with my consent.
7. In this set of facts and factual background I respectfully pray and urge to the Hon'ble Court that the First Information Report which I had lodged with Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent."
"I, Mahipat Sursangbhai Rathod, aged about 40 years, accused No.3 in chargesheet, Residing at Milrampura,, Taluka Tarapur, District Anand, do hereby solemnly affirm and state on oath as under:
"1. I am permanent resident address mentioned above. I state and submit that I have registered an FIR was registered by one Pratap Kalubhai Rathod in Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198/2015 pending before the Principal District Judge, Anand.
2. I state and submit that, the issues between the applicants and the accused persons has been amicably settled and there is nothing left for either of us to proceed against anyone and therefore, the FIR, charge sheet and Sessions case No.198 of 2015 pending before Principal District Judge, Anand against the present applicants be quashed and set aside in view of the settlement at.
3. I respectfully submit before this Hon'ble Court that the dispute between me and the accused persons has been amicable settled in connection with the FIR registered by one Pratap Kalubhai Rathod in Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before Principal District Judge, Anand.
4. I respectfully submit that, I and the accused persons are residing in the same village because of the intervention of the elders of the community and common friends; we have amicably settled the dispute.
5. I respectfully state that, both the parties i.e. the complainant and the accused persons have filed cross complaint each other and now both the parties have decided amicably settle the dispute.
6. I respectfully submit before this Hon'ble Court that I do not have any Page 3 of 8 HC-NIC Page 3 of 8 Created On Tue Jan 12 02:12:32 IST 2016 R/CR.MA/433/2016 ORDER objection if the FIR registered with Tarapur Police Station, Anand vide I C.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent.
7. In this set of facts and factual background I respectfully pray and urge to the Hon'ble Court that the First Information Report which I had lodged with Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent"
"I, Rasik Kavabhai Rathod, aged about 40 years, accused No.6 in chargesheet, Residing at Milrampura,, Taluka Tarapur, District Anand, do hereby solemnly affirm and state on oath as under:
"1. I am permanent resident address mentioned above. I state and submit that I have registered an FIR was registered by one Pratap Kalubhai Rathod in Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198/2015 pending before the Principal District Judge, Anand.
2. I state and submit that, the issues between the applicants and the accused persons has been amicably settled and there is nothing left for either of us to proceed against anyone and therefore, the FIR, charge sheet and Sessions case No.198 of 2015 pending before Principal District Judge, Anand against the present applicants be quashed and set aside in view of the settlement at.
3. I respectfully submit before this Hon'ble Court that the dispute between me and the accused persons has been amicable settled in connection with the FIR registered by one Pratap Kalubhai Rathod in Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before Principal District Judge, Anand.
4. I respectfully submit that, I and the accused persons are residing in the same village because of the intervention of the elders of the community and common friends; we have amicably settled the dispute.
5. I respectfully state that, both the parties i.e. the complainant and the Page 4 of 8 HC-NIC Page 4 of 8 Created On Tue Jan 12 02:12:32 IST 2016 R/CR.MA/433/2016 ORDER accused persons have filed cross complaint each other and now both the parties have decided amicably settle the dispute.
6. I respectfully submit before this Hon'ble Court that I do not have any objection if the FIR registered with Tarapur Police Station, Anand vide I C.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent.
7. In this set of facts and factual background I respectfully pray and urge to the Hon'ble Court that the First Information Report which I had lodged with Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent."
"I, Pravin Dipsangbhai Rathod, aged about 35 years, accused No.13 in chargesheet, Residing at Milrampura,, Taluka Tarapur, District Anand, do hereby solemnly affirm and state on oath as under:
"1. I am permanent resident address mentioned above. I state and submit that I have registered an FIR was registered by one Pratap Kalubhai Rathod in Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198/2015 pending before the Principal District Judge, Anand.
2. I state and submit that, the issues between the applicants and the accused persons has been amicably settled and there is nothing left for either of us to proceed against anyone and therefore, the FIR, charge sheet and Sessions case No.198 of 2015 pending before Principal District Judge, Anand against the present applicants be quashed and set aside in view of the settlement at.
3. I respectfully submit before this Hon'ble Court that the dispute between me and the accused persons has been amicable settled in connection with the FIR registered by one Pratap Kalubhai Rathod in Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before Principal District Judge, Anand.
4. I respectfully submit that, I and the accused persons are residing in Page 5 of 8 HC-NIC Page 5 of 8 Created On Tue Jan 12 02:12:32 IST 2016 R/CR.MA/433/2016 ORDER the same village because of the intervention of the elders of the community and common friends; we have amicably settled the dispute.
5. I respectfully state that, both the parties i.e. the complainant and the accused persons have filed cross complaint each other and now both the parties have decided amicably settle the dispute.
6. I respectfully submit before this Hon'ble Court that I do not have any objection if the FIR registered with Tarapur Police Station, Anand vide I C.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent.
7. In this set of facts and factual background I respectfully pray and urge to the Hon'ble Court that the First Information Report which I had lodged with Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent."
"I, Jagdish Pratapbhai Rathod; Hindu; aged adult, injured witness; Residing at Milrampura,, Taluka Tarapur, District Anand, do hereby solemnly affirm and state on oath as under:
"1. I am permanent resident address mentioned above. I state and submit that I have registered an FIR was registered by one Pratap Kalubhai Rathod in Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198/2015 pending before the Principal District Judge, Anand.
2. I state and submit that, the issues between the applicants and the accused persons has been amicably settled and there is nothing left for either of us to proceed against anyone and therefore, the FIR, charge sheet and Sessions case No.198 of 2015 pending before Principal District Judge, Anand against the present applicants be quashed and set aside in view of the settlement at.
3. I respectfully submit before this Hon'ble Court that the dispute between me and the accused persons has been amicable settled in connection with the FIR registered by one Pratap Kalubhai Rathod in Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable Page 6 of 8 HC-NIC Page 6 of 8 Created On Tue Jan 12 02:12:32 IST 2016 R/CR.MA/433/2016 ORDER under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before Principal District Judge, Anand.
4. I respectfully submit that, I and the accused persons are residing in the same village because of the intervention of the elders of the community and common friends; we have amicably settled the dispute.
5. I respectfully state that, both the parties i.e. the complainant and the accused persons have filed cross complaint each other and now both the parties have decided amicably settle the dispute.
6. I respectfully submit before this Hon'ble Court that I do not have any objection if the FIR registered with Tarapur Police Station, Anand vide I C.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent.
7. In this set of facts and factual background I respectfully pray and urge to the Hon'ble Court that the First Information Report which I had lodged with Tarapur Police Station, Anand vide IC.R. No.42 of 2015 for the offences punishable under Sections 147, 148, 149, 307, 324, 323, 337, 504, 506(2) of the Indian Penal Code and subsequent filing of chargesheet and Sessions Case No.198 of 2015 pending before the Principal District Judge, Anand be quashed and set aside with my consent."
4. Taking into consideration the nature of the dispute and the fact that the parties have settled the dispute as both the sides want to maintain peace, I am of the view that no useful purpose would now be served to allow the further proceedings of C.R. No.I42 of 2015, registered with the Tarapur Police Station, Anand to continue. In the result, the proceedings of Sessions Case No.198 of 2015, pending in the Court of the learned Principal District Judge, Anand are hereby ordered to be quashed. All consequential proceedings pursuant thereto stand terminated. Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
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