Gujarat High Court
Aslambhai Aazambhai Shaikh vs State Of Gujarat & on 27 April, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/7677/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 7677 of 2015
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ASLAMBHAI AAZAMBHAI SHAIKH....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR YM THAKKAR, ADVOCATE for the Applicant(s) No. 1
MR NJ SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 27/04/2015
ORAL ORDER
Rule returnable forthwith. Mr. Shah, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 - State of Gujarat. Mr. Dhaval Kansara, the learned counsel appears for and on behalf of the respondent No.2 - original first informant and waives service of notice of rule.
By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court praying to quash the FIR, being C.R No. I-2 of 2015, registered with the Godhra Taluka Police Station for the offence punishable under Sections 363 and 366 of IPC and Section 376 r/w Sec.4 of the POSCO Act.
Today when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the parties that an amicable settlement has taken place and the quashing of the FIR is prayed for with the consent of the respondent No.2, Dilipkumar Amulakhrai Doshi, who is personally present in the Court. He is Page 1 of 3 R/CR.MA/7677/2015 ORDER being identified by his learned advocate Mr. Kansara. He has also filed an affidavit, confirming about the settlement. The relevant paras of the affidavit reads as under:-
"3. I say and submit that there is no enmity between myself and the applicant herein. I say that I have settled the dispute with him and I do not wish to go on with the complaint filed by me against him. I say and submit that FIR in question was lodged by me out of desperation, misunderstanding and anxiety and therefore also I do not want to prosecute him any further for the FIR impugned in the present application.
4. I say and submit that immediately after lodging the impugned FIR, my daughter returned back to her parental house. After filing the impugned FIR, I realised the nature of hardships and inconvenience, socially and mentally it will cause to both the sides are subjected to rigors of Criminal Trial, it will immensely affect our future prospects of better life.
5. In the facts and circumstances as narrated above, I, at my free will, wish and desire am stating on oath that I do not wish to prosecute the Criminal Proceedings with applicant as the dispute between us has been amicably settled. I earnestly request this Honourable Court to quash the impugned complaint filed by me bearing C.R No. I-2 of 2015 with Godhra Taluka Police Station, Dist. Panchmahals for the offences punishable under Sec. 363, 366 and 376 of IPC and Section 4 of the POSCO Act ion the interest of justice."
The mother of the victim has also filed an affidavit inter-alia stating as under:-
"I say that I am the wife of the complainant of the FIR bearing C.R No. I-2 of 2015 registered before the Godhra Taluka Police Station for the offence punishable under Section 363, 366 and 376 of IPC and Section 4 of the POSCO Act. I say and submit that the Rajavi and the applicant are practically of the same age and studying in FYBA in the same college.
I say and submit that Rajavi about to complete 18 years. The teenage infatuation existed between the Rajavi and applicant was misunderstood by the complainant Husband of undersigned. I say that the offences alleged in the FIR have no meaning in the light of settlement arrived at by both the parties in the larger interest. I say and submit that there are no chances of conviction in this matter. I earnestly request this Honourable Court to quash the impugned FIR looking to our future prospect and reputation.
I say and submit that this affidavit is filed out of my free will and without any pressure from any other and without having been influenced by any one. I earnestly request this Honourtable Court to quash the impugned FIR in the interest of justice."
The affidavits are ordered to be taken on record. Taking into consideration Page 2 of 3 R/CR.MA/7677/2015 ORDER the nature of the dispute and the fact that the dispute has been amicably resolved between the parties, no useful purpose would now be served to continue with the proceedings of the criminal case. In the result, this application is allowed. The FIR, being C.R No. I-2 of 2015 registered with the Godhra Taluka Police Station is hereby quashed. All consequential proceedings stand terminated. Rule is made absolute. Direct service permitted.
The Registry shall accept the Vakalatnama of Mr. Dhaval Kansara, the learned counsel for the original complainant.
(J.B.PARDIWALA, J.) Mohandas Page 3 of 3