Gujarat High Court
Sohansinh Bharatsinh Devda vs State Of Gujarat on 8 November, 2023
NEUTRAL CITATION
R/SCR.A/14796/2023 ORDER DATED: 08/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14796 of 2023
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SOHANSINH BHARATSINH DEVDA
Versus
STATE OF GUJARAT
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Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MS NANDITA A SUROLLIA(12060) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 08/11/2023
ORAL ORDER
Learned advocate Ms. Reshma Rauma states that she has instructions to appear on behalf of the original complainant, and thereThe original complainant is present in the Court and is identified by his learned advocate.
1. Heard learned advocates for the respective parties.
2. Rule. Learned advocates waive service of note of rule on behalf of the respective respondents.
3. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.
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4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the complaint being C.R. No.11210008230664 of 2023 registered with Sarthana Police Station for the offences under Section 66-C and 66-D of the I.T. Act and all the consequential proceedings arising therefrom.
5. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit, which is on record. In the Affidavit, the original complainant has categorically stated that the dispute with the applicant has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.
6. Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of - (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further continuation of criminal proceedings against the applicant in Page 2 of 3 Downloaded on : Wed Nov 08 20:52:17 IST 2023 NEUTRAL CITATION R/SCR.A/14796/2023 ORDER DATED: 08/11/2023 undefined relation to the impugned FIR would cause unnecessary harassment to the applicant. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..
7. In the result, the application is allowed. The impugned complaint being C.R. No.11210008230664 of 2023 registered with Sarthana Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein.
8. Rule is made absolute. Direct service is permitted.
9. If the applicant is in jail, the jail authority concerned is directed to release the applicant forthwith, if not required in connection with any other case.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Wed Nov 08 20:52:17 IST 2023