Gujarat High Court
Jitubhai Shivlal Rathi @ Jitendrakumar ... vs State Of Gujarat & on 3 July, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/13368/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET
ASIDE FIR/ORDER) NO. 13368 of 2017
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JITUBHAI SHIVLAL RATHI @ JITENDRAKUMAR SHIVNARAYAN
RATHI & 2....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
JIGNESHKUMAR M NAYAK, ADVOCATE for the Applicant(s) No. 1 - 3
MR RAKESH PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 03/07/2017
ORAL ORDER
1. Mr. Vijay Nangesh, learned advocate states that he has instruction to appear on behalf of respondent No.2 - original complainant and he may be permitted to file his appearance. He is permitted to file his appearance on or before 06.07.2017.
2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
3. Rule. Mr.Rakesh Patel, learned APP waives service of Rule on behalf respondent No.1 - State of Gujarat and Mr.Vijay Nangesh, learned advocate waives service of Rule on behalf of respondent No. 2 - original complainant.
4. 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. I - 19 of 2010 dated 13.03.2010 before Dhanera Police Station, District Banaskantha Page 1 of 5 HC-NIC Page 1 of 5 Created On Sun Jul 23 09:26:13 IST 2017 R/CR.MA/13368/2017 ORDER filed against him for the offenses punishable under Sections 323, 324, 504, 114 and 506(2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act, on the ground that the dispute has been settled amicably between the parties.
5. Learned advocates appearing for the respective parties jointly submitted that the matter has been settled between the parties and the complainant has filed affidavit, which reads as under:
"[1] I, Ramlal Popatlal Soni, am original Complainant in FIR being C.R.No. 19/2010 dated 13.03.2010 with Dhanera Police Station, District Banaskantha under Sections 323, 324, 504, 114 and 506(2) of the Indian Penal Code and Section 135 of the Gujarat Police Act.
[2] I say and submit that I am the original complainant in the FIR being C.R.No. 19/2010 dated 13.03.2010 with Dhanera Police Station, District Banaskantha and now the matter is amicably settled between the parties.
[3] I say and submit that the matter is amicably settled between the parties, so now I have no grievance with the original accused in the said FIR, so if this Hon'ble Court quash and set-aside the FIR which is being C.R.No.I-19/2010 registered before the Dhanera Police Station, District Banaskantha on 13.03.2010. I say that the said complaint is now settled so I have no objection if this Hon'ble Court quash and set aside the impugned FIR.
[4] I say and submit that unfortunate incident occurred due to some misunderstanding between the applicants and complainant and now I have no grievance against the original accused.
[5] I say and submit that now if the FIR filed by me is quashed and set aside than I have no objection and now entire matter is amicably settled between the parties.
[6] I say and submit that I given assurance before this Hon'ble Court that I would maintain healthy relationship with each other while garnering no ill will or malice against each other, as the all are doing business and now no grudge remain to each other and due to intervention of the elders in the Page 2 of 5 HC-NIC Page 2 of 5 Created On Sun Jul 23 09:26:13 IST 2017 R/CR.MA/13368/2017 ORDER society now matter is amicably settled. All the parties have resolved to accord quietus to the proceedings relating to the incident. All the parties reiterate that there remains no acrimony / grudge and if this Hon'ble Court quash and set aside the above FIR then I have no objection.
[7] I say and submit if this Hon'ble Court not consider this amicable settlement then relationship between the parties became more harden so in the interest of justice be pleased to quash and set aside the FIR which is being C.R.No.I-19/2010 before the Dhanera Police Station, District Banaskantha dated 13.03.2010."
6. The affidavit filed by the victim/injured, which reads as under:
"[1] I, Patel Babubhai Karshanbhai, am original Victim / injured in FIR being C.R.No. 19/2010 dated 13.03.2010 with Dhanera Police Station, District Banaskantha under Sections 323, 324, 504, 114 and 506(2) of the Indian Penal Code and Section 135 of the Gujarat Police Act.
[2] I say and submit that I am the original Victim in the FIR being C.R.No. 19/2010 dated 13.03.2010 with Dhanera Police Station, District Banaskantha and now the matter is amicably settled between the parties.
[3] I say and submit that the matter is amicably settled between the parties, so now I have no grievance with the original accused in the said FIR, so if this Hon'ble Court quash and set-aside the FIR which is being C.R.No.I-19/2010 registered before the Dhanera Police Station, District Banaskantha on 13.03.2010. I say that the said complaint is now settled so I have no objection if this Hon'ble Court quash and set aside the impugned FIR.
[4] I say and submit that unfortunate incident occurred due to some misunderstanding between the applicants and complainant and now I have no grievance against the original accused.
[5] I say and submit that now if the FIR filed by the complainant is quashed and set aside than I have no objection and now entire matter is amicably settled between the parties.
[6] I say and submit that I given assurance before this Hon'ble Court that I would maintain healthy relationship with each other while garnering no ill Page 3 of 5 HC-NIC Page 3 of 5 Created On Sun Jul 23 09:26:13 IST 2017 R/CR.MA/13368/2017 ORDER will or malice against each other, as the all are doing business and now no grudge remain to each other and due to intervention of the elders in the society now matter is amicably settled. All the parties have resolved to accord quietus to the proceedings relating to the incident. All the parties reiterate that there remains no acrimony / grudge and if this Hon'ble Court quash and set aside the above FIR then I have no objection.
[7] I say and submit if this Hon'ble Court not consider this amicable settlement then relationship between the parties became more harden so in the interest of justice be pleased to quash and set aside the FIR which is being C.R.No.I-19/2010 before the Dhanera Police Station, District Banaskantha dated 13.03.2010."
7. Learned advocate for the applicants would submit 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 and it would be futile exercise if the applicants are subjected to trial, and therefore, the FIR and the subsequent proceedings thereto, if any, to be quashed and set aside. He placed reliance on the decision of the Hon'ble Apex Court in case of Gian Singh versus State of Punjab & Anr. reported in 2012(10)SCC 303 and submitted that since the matter is settled and all the grievances raised in the FIR do not exist, there is no need to proceed further with the trial with regard to the FIR.
8. I have heard learned advocate for respondent No. 2 -
complainant. He would submit that whatever has been mentioned in the affidavit filed by the complainant and the victim/injured are correct. He has also identified the complainant, who is present in the Court. He would further submit that the complainant has no objection, if the FIR and the subsequent proceedings thereto are quashed and set aside.
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R/CR.MA/13368/2017 ORDER
9. It appears from the affidavit that the applicants and the respondent No. 2 - original complainant have jointly arrived at compromise and the original complainant has no grievance against the applicants and the matter is amicably settled between the parties.
10. 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 FIR being CR No. I - 19 of 2010 dated 13.03.2010 before Dhanera Police Station, District Banaskantha along with all the proceedings thereunder, if any, are hereby quashed and set aside qua the applicants. Rule is made absolute accordingly. Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
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