Gujarat High Court
Mahendrasinh Bhairavsinh Hattiram ... vs State Of Gujarat on 20 March, 2025
NEUTRAL CITATION
R/SCR.A/14831/2024 ORDER DATED: 20/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14831 of 2024
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MAHENDRASINH BHAIRAVSINH HATTIRAM GURJAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1
MR. CHINTAN DAVE, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 20/03/2025
ORAL ORDER
1. Rule returnable forthwith. Mr. Dave, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Hardik B. Godham, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.
2. By this application under section 528 of the BNNS, 2023, the petitioner seeks to invoke the inherent powers of this court, praying for quashing of the first information report being C.R. No.11192011240527 of 2024 lodged before the Bopal Police Station, Ahmedabad of the offence punishable under sections 308, 352 and 351 of BNS and Sections 40(c), 42(a) and 42(d) of Gujarat Money Lenders Act on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer Page 1 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Mar 21 2025 Downloaded on : Sat Mar 22 00:38:36 IST 2025 NEUTRAL CITATION R/SCR.A/14831/2024 ORDER DATED: 20/03/2025 undefined desirous of prosecuting the first information report further. The respondent No.2-Chandrabhan Harhansbhai Gurjar is personally present and he confirms about the settlement arrived at with the accused person. The respondent No.2- Chandrabhan Harhansbhai Gurjar is identified by his learned advocate Mr. Hardik B. Godham. Shri Chandrabhan Harhansbhai Gurjar has also filed an affidavit, inter alia, stating as under:
"I, Chandrabhan Harhansbhai Gurjar, Age 53 years, Gener: Male, Residing at 22/A Sahajanand Arcade, 132 ft Ring Road, Memnagar, Ahmedabad the complainant, hereby solemnly affirm and state on the oath that, I state and submits that I am the original complainant of F.I.R being I-C.R. No.11192011240527 of 2024 registered with Bopal Police Station, Ahmedabad, dated 26.07.2024 for the offences punishable under Sections 308, 352 and 351 of BNS and Section 40(c), 42(a) and 42(d) of Gujarat Money Lenders Act arising against the present petitioners for which present proceedings of quashing of F.I.R. is filed.
1. I state and submit that after the intervention of family members and elder people of the Society the matter between the petitioners and me is settle amicably and hence now there is no ill-will among each other and therefore I do not wish to proceed further with the F.I.R and therefore I earnestly urge this Hon'ble Court that if the Hon'ble Court to quash and set aside this matter then I have no objections.
2. I state and submit that I am making this affidavit with my free will and consent and without any pressure from anyone.
What is stated hereinabove is true to the best of my knowledge information and belief and I believe the same to be true and correct.Page 2 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Mar 21 2025 Downloaded on : Sat Mar 22 00:38:36 IST 2025
NEUTRAL CITATION R/SCR.A/14831/2024 ORDER DATED: 20/03/2025 undefined Solemnly affirmed at Ahmedabad on this 4th day of October, 2024."
3. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.
4. In the result, this application is allowed. The first information report being C.R. No.11192011240527 of 2024 lodged before the Bopal Police Station, Ahmedabad is hereby ordered to be quashed. All consequential proceedings arising from the same also stands terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Hardik B. Godham, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J) VAHID Page 3 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Mar 21 2025 Downloaded on : Sat Mar 22 00:38:36 IST 2025