Imtiaz Mohammad Amin Pahelari & vs State Of Gujarat & on 5 March, 2015

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Gujarat High Court

Imtiaz Mohammad Amin Pahelari & vs State Of Gujarat & on 5 March, 2015

Bench: A.J.Desai

         R/CR.MA/19203/2014                                       ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                         FIR/ORDER) NO. 19203 of 2014
============================================================
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        IMTIAZ MOHAMMAD AMIN PAHELARI & 1....Applicant(s)
                            Versus
              STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
N P ZAVERI, ADVOCATE for the Applicant(s) No. 1 - 2
MR PRANAV S DAVE, ADVOCATE for the Respondent(s) No. 2
MR SHIVANG M SHAH, ADVOCATE for the Respondent(s) No. 2
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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          CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                               Date : 05/03/2015


                                ORAL ORDER

1.0 Rule. Mr. LB Dabhi, learned Additional Public Prosecutor waives service of notice of rule on behalf respondent no.1State. Mr. Pranav Dave, learned advocate waives service of notice of rule on behalf of respondent no.2 original complainant.

2.0 By way of present application under Section 482 of the Code of Criminal Procedure, the applicants have prayed to quash and set aside the Criminal Case No. 12360 of 2011 arising out of M. Case No. 5 of 2010 registered with Sanand Police Station which is now transferred to Bopal Police Station, Ahmedabad for the offences punishable under Page 1 of 4 R/CR.MA/19203/2014 ORDER Sections 406, 420, 467, 468, 469, 471, 193, 195, 504, 506(2) and 114 of the Indian Penal Code as well as consequential proceedings arising therefrom.

3.0 Learned advocate appearing for the applicants has submitted that the dispute between the parties for which the offence was registered is now settled between the private parties and affidavit to that extent is filed by respondent no.2 original complainant which is produced on record. He further submitted that since the dispute is settled between the applicants and respondent no.2 original complainant, there is no need to proceed further with the trial. In support of his submission, 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. He therefore, submitted that impugned FIR filed by the original complainant may be quashed and set aside qua the present applicants. 4.0 Mr. Pranav Dave, learned advocate appearing for respondent no.2 original complainantVasudev Kedarmal has identified respondent no.2original complainant who is present in the Court. 5.0 Heard learned advocates for the respective parties and affidavit filed by respondent no. 2 is taken on record. The affidavit is reproduced hereinbelow:

" I, Vasudevbhai Kedarmal Agrawal, Son of Kedarmal Agrawal, Hindu aged about 65 years, having my address at 2, Page 2 of 4 R/CR.MA/19203/2014 ORDER Textile Technician Society, Gandhibridge, Ashram road, Ahmedabad9 to hereby solemnly affirm and state as under:

I say and submit that I am the complainant of the M Case No. 5 of 2010 dated 4th February 2010 registered with Sanand Police Station, District: Ahmedabad, which was now transferred to Bopal Police Station, Ahmedabad for the offences punishable under Sections 406, 420, 504, 506(2) and 114 of the Indian Penal Code, 1860 ( hereinafter referred to as "IPC") are alleged.

I respectfully submit that in the aforesaid Criminal inquiry 8 of 2010 and M Case No. 5 of 2010 at the instance of elders and mediators in the society settlement has been arrived with the accused persons i.e. present petitioners outside the Court and therefore, I do not want to proceed further with above mentioned complaint.

I respectfully submit that since the parties have settled the present all issues including criminal proceedings, I do not have any objection if the complaint filed by me is quashed and set aside by this Hon'ble Court in exercise of its inherent power under Section 482 of the Code of Criminal Procedure, 1973. and 5 of the Dowry Prohibition Act against present applicants."

6.0 It appears from the affidavit filed by respondent no.2 Vasudevbhai Kedarmal Agrawal that the applicants and respondent no.2 original complainant have entered into amicable settlement in respect of all disputes between the parties and now there is no grievance against the present applicants.




7.0    Considering   the   overall   facts   and   circumstances   of   the   case, 



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          R/CR.MA/19203/2014                                    ORDER

nature of allegations and in view of the fact that the dispute is settled between the parties and in view of the principles laid down in case of Gian Singh (supra), I am of the opinion that the application requires consideration and the same is allowed accordingly. The Criminal Case No. 12360 of 2011 arising out of M. Case No. 5 of 2010 registered with Sanand Police Station which is now transferred to Bopal Police Station, Ahmedabad for the offences punishable under Sections 406, 420, 467, 468, 469, 471, 193, 195, 504, 506(2) and 114 of the Indian Penal Code as well as consequential proceedings arising therefrom qua the applicants are hereby quashed and set aside . Rule is made absolute. Direct service is permitted.

(A.J.DESAI, J.) niru* Page 4 of 4

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