Gujarat High Court
Vishal Pradipbhai Thakker vs State Of Gujarat & on 9 December, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/16708/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 16708 of 2014
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VISHAL PRADIPBHAI THAKKER....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PREMAL S RACHH, ADVOCATE for the Applicant(s) No. 1
MS MEGHA JANI, ADVOCATE for the Respondent(s) No. 2
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 09/12/2016
ORAL ORDER
1 Rule returnable forthwith. Ms. Thakore, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Ms. Jani, the learned advocate has entered appearance on behalf of the respondent No.2 original first informant and waives service of notice of rule.
2 By this application, the applicant original accused seeks to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the First Information Report vide C.R. No.I45 of 2014 registered with the Crime Branch Police Station, Ahmedabad for the offence punishable under Section 354(D) of the Indian Penal Code and Sections 65, 66A and 67A of the Information Technology Act, 2000.
3 Today, when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the respective parties that the dispute has been amicably resolved between the parties and the respondent No.2 has no Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Dec 10 00:15:41 IST 2016 R/CR.MA/16708/2014 ORDER objection if the First Information Report is quashed. The respondent no.2 viz. Ramaben Ganpatlal Moondra is personally present in the Court and she is being identified by her learned advocate Ms. Jani. She has filed an affidavit dated 26th November 2016 inter alia stating as under:
"I, Rama Ganpatlal Moondra, Age: 51 years, Occupation: Management Trainer, residing at A94 Royal Orchid, Corporate Road, Prahladnagar, do solemnly affirm on oath and state as under:
1 I am Respondent No.2 herein, complainant in I CR No.45 of 2014 registered on 10.10.2014 with Crime Branch, Ahmedabad against Vishal Thakker, the petitioner herein.
2 I say that after filing of the petition, the petitioner has posted an apology note on Facebook. A snap shot from my Facebook page which bears the said apology note is annexed hereto and marked Annexure A. the petitioner and I have also agreed not to initiate any further civil, criminal or other proceedings with respect to the incident that led to filing of the complaint in question. In view of the apology note and the agreement, I do not have any objection if the complaint is quashed."
4 Taking into consideration the fact that the dispute between the parties has been amicably settled, no useful purpose would now be served to continue with the investigation. The affidavit is ordered to be taken on record.
5 In the result, this application is allowed. The First Information Report vide C.R. No.I45 of 2014 registered with the Crime Branch Police Station, Ahmedabad for the offence punishable under Section 354(D) of the Indian Penal Code and Sections 65, 66A and 67A of the Information Technology Act, 2000 is ordered to be quashed. Consequently, all further proceedings pursuant thereto stand terminated. Rule is made absolute. Direct service is permitted.
6 The Registry shall accept the vakalatnama of Ms. Megha Jani, the learned advocate who has entered appearance on behalf of the respondent no.2.
(J.B.PARDIWALA, J.) chandresh Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Dec 10 00:15:41 IST 2016