Girirajsinh Nanubhai Jadeja & 3 vs State Of Gujarat & on 23 February, 2015

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Gujarat High Court

Girirajsinh Nanubhai Jadeja & 3 vs State Of Gujarat & on 23 February, 2015

Bench: A.J.Desai

        R/CR.MA/19954/2013                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                        FIR/ORDER) NO. 19954 of 2013

================================================================
           GIRIRAJSINH NANUBHAI JADEJA & 3....Applicant(s)
                             Versus
               STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 - 4
MR MAHESH K POOJARA, 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 : 23/02/2015


                               ORAL ORDER

1.0 Since the matter is settled, with the consent of the parties, the same is taken up for hearing today.

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

Page 1 of 5

           R/CR.MA/19954/2013                                           ORDER




3.0    By way of present application under Section 482 of the Code of

Criminal Procedure, the applicants have prayed to quash and set aside the FIR being C.R. No.I 259 of 2013 registered with Morbi City Police Station, for the offences punishable under Sections 323, 325, 504, 506(2), 114 of the Indian Penal Code and Sections 37(1) and 135 of the G.P. Act and all consequential proceedings arising therefrom. 4.0 Learned advocate appearing for the applicant 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. Page 2 of 5

          R/CR.MA/19954/2013                                          ORDER




5.0     Mr  Mahesh Poojara, learned advocate appearing for respondent

no.2 original complainant Sanjaybhai Harilal Jani, has identified respondent no.2original complainant who is present in the Court. 6.0 Heard learned advocates for the respective parties and affidavit filed by respondent no. 2 is taken on record. The affidavit is reproduced hereinbelow:

1 I, undersigned Sanjaybhai Haribhai Jani aged around 46 years, residing at Block No. 132, Sumatinath Society, Vavdi Road, Morbi, District; Rajiot file this affidavit as under:

2 I say and submit that I have lodged First Information Report with Morbi City Police Station as C.R. No. I 259 of 2013 against petitioners herein and petitioners have approached before his Hon'ble Court by way of filing petition under Section 482 of the Cr.P.C to quash the FIR registered as CR. No. I 259 of 2013 registered with Morbi City Police Station as Criminal Misc.

Application No. 19954 of 2013 and the same is pending before this Hon'ble Court.

3. I say and submit that in the present case with the help of friends, relatives and community people the dispute is settled and as petitioner and myself are residents of same city, now three is no ill will or grievance exist amongst us. I further say and submit that the dispute had taken place on account of minor misunderstanding and misconception which has already been sorted out and now relations between myself and petitioners are Page 3 of 5 R/CR.MA/19954/2013 ORDER sound, in view of this peculiar facts and circumstances of the present case, I earnestly urge this Hon'ble Court to terminate the proceedings as prayed for by petitioners and if proceedings are terminated I have no objection in the interest of justice. What is stated hereinabove is true to the best of my knowledge, information and belief and I belief the same to be true. 7.0 It appears from the affidavit filed by respondent no.2 Sanjaybhai Harilal Jani, that 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.

8.0 Considering the overall facts and circumstances of the case, 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 FIR being C.R. No.I 259 of 2013 registered with Morbi City Police Station, for the offences punishable under Sections 323, 325, 504, 506(2), 114 of the Indian Penal Code and Sections 37(1) and 135 of the G.P. Act and all Page 4 of 5 R/CR.MA/19954/2013 ORDER consequential proceedings arising therefrom are hereby quashed and set aside qua the applicants. Rule is made absolute. Direct service is permitted.

(A.J.DESAI, J.) niru* Page 5 of 5

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