Gujarat High Court
Gandabhai Kalidas Patel vs Pravinchandra Naranbhai Patel on 13 December, 2022
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
R/CR.MA/32941/2016 ORDER DATED: 13/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 32941 of 2016
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GANDABHAI KALIDAS PATEL & 2 other(s)
Versus
PRAVINCHANDRA NARANBHAI PATEL & 1 other(s)
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Appearance:
MR OMKAR C DAVE(2003) for the Applicant(s) No. 1,2,3
MR TANVIR MALEK with MR RJ GOSWAMI(1102) for the Applicant(s) No.
1,2,3
HARSH V GAJJAR(7828) for the Respondent(s) No. 1
MR SOHAM JOSHI, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 13/12/2022
ORAL ORDER
1. By way of present application the writ-applicants herein (original accused) have prayed for quashing of the FIR being C.R. No.I-167 of 2016 registered with Ramol Police Station, Ahmedabad for the offences punishable under Sections 406, 420, 467, 468, 471 and 114 of the Indian Penal Code.
2. Heard Mr. Tanvir Malek, the learned advocate appearing for Mr. R. J. Goswami, the learned advocate appearing for the applicants, Mr. Harsh V. Gajjar, the learned advocate appearing for the respondent No.1 and Mr. Soham Joshi, the Page 1 of 6 Downloaded on : Sat Dec 24 03:13:03 IST 2022 R/CR.MA/32941/2016 ORDER DATED: 13/12/2022 learned APP appearing for the respondent No.2 - State.
3. Mr. Harsh V. Gajjar, the learned advocate appearing for the respondent No.1 - original complainant at the out set submitted that the dispute was between brothers and the said dispute is amicably settled.
3.1 Mr. Gajjar, the learned advocate placed on record the affidavit filed by the respondent No.1 - original complainant - Pravinchandra Naranbhai Patel dated 2.12.2022. The said affidavit reads thus :-
"AFFIDAVIT ON BEHALF OF THE ORIGINAL FIRST INFORMANT - RESPONDENT NO. 1 I, Pravinchandra Naranbhai Patel, Age about 64 years, Male, Having address at Narayan-3, Svipark Society, Madhuvrund, Neelkanth Mahadev Road, Ghatlodiya, Ahmedabad, the Respondent No. 1 herein - original first informant, do hereby solemnly affirm and state on oath as under:-
1. I state that I am the original first informant of the impugned FIR being I-C.R. No. 167/2016 registered with Ramol Page 2 of 6 Downloaded on : Sat Dec 24 03:13:03 IST 2022 R/CR.MA/32941/2016 ORDER DATED: 13/12/2022 Police Station, Ahmedabad on 29.10.2016 under sections 406, 420, 467, 468, 471, 114 of the Indian Penal Code.
2. It is stated that the dispute by and between the petitioner and the original first informant does not survive as the entire lis has been settled peacefully Gujarat High Court, and amicably.
3. It is stated that in view of the amicable settlement, Special Civil Suit No.175 of 2016 which was preferred by the undersigned against the accused person before the Learned Civil Court, Ahmedabad (Rural) at Mirzapur seeking relief of declaration and perpetual injunction has been withdrawn by the undersigned by filing pursis vide Exhibit 20 pursuant to which the suit has been ordered to be disposed as withdrawn on 12.05.2022 by virtue of order passed by the Learned Additional Civil Judge and JMFC, Ahmedabad (Rural).
4. It is stated that, in view of the amicable settlement, no lis remains between the accused persons and the undersigned. The entire dispute has been settled amicably and peacefully. Accordingly, I do not have any grievance against the petitioner.
5. It is stated that the undersigned has no objection in case the impugned FIR being I-C.R. No. 167/2016 registered with Ramol Police Station, Ahmedabad is quashed along-with all the further, consequential and incidental proceedings arising Page 3 of 6 Downloaded on : Sat Dec 24 03:13:03 IST 2022 R/CR.MA/32941/2016 ORDER DATED: 13/12/2022 out of the said impugned FIR.
6. I have made this affidavit will full consciousness without any force, coercion, fraud or compulsion from any person or from the petitioner.
What is stated is true to the best of my knowledge. Solemnly affirmed on this 2 day of Month: Dee. 2022 at Ahmedabad."
3.2. The respondent No.1 - original complainant is present before the Court and reiterates what is stated in the affidavit and also reiterates that there is no force, coersion and has no objection if the impugned FIR is quashed and set aside. He also states that it was the dispute between the cousin brothers and the said dispute is resolved amicably.
4. Mr. Soham Joshi, the learned APP appearing for the respondent No.2 - State submitted that considering the affidavit filed by the respondent No.1 - original complainant - Pravinchandra Naranbhai Patel dated 2.12.2022 he has no objection if the impugned FIR is quashed.
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R/CR.MA/32941/2016 ORDER DATED: 13/12/2022
5. Having heard the learned advocate appearing for the respective parties and considering the facts of settlement and law laid down by the Apex Court [Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC),] this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned FIR would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, to secure the ends of justice, the impugned FIR is required to be quashed and set aside qua the applicant herein in exercise of powers conferred under Section 482 of the Code.
6. Considering the affidavit filed by the respondent No.1 - Page 5 of 6 Downloaded on : Sat Dec 24 03:13:03 IST 2022
R/CR.MA/32941/2016 ORDER DATED: 13/12/2022 original complainant - Pravinchandra Naranbhai Patel dated 2.12.2022, the statement of the complainant, nature of offence and role attributed to the applicant herein in the impugned FIR bearing C.R. No.I-167 of 2016 registered with Ramol Police Station, Ahmedabad for the offences punishable under Sections 406, 420, 467, 468, 471 and 114 of the Indian Penal Code is hereby quashed and set aside and all consequential proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants herein. In view of this Court, no fruitful purpose would be served in continuing the trial against the applicant herein.
7. The present application is allowed accordingly.
(VAIBHAVI D. NANAVATI,J) K.K. SAIYED Page 6 of 6 Downloaded on : Sat Dec 24 03:13:03 IST 2022