Gujarat High Court
Chandrakant Popatlal Patel & vs State Of Gujarat & on 16 January, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/31347/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 31347 of 2017
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CHANDRAKANT POPATLAL PATEL & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR AJAY MEHTA with MS NIYATI V VAISHNAV, ADVOCATE for the
Applicant(s) No. 1-2
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
MR GIRISH BHAVSAR, ADVOCATE for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 16/01/2018
ORAL ORDER
RULE returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent no.1 State of Gujarat. Mr.Bhavsar, the learned counsel waives service of notice of rule for and on behalf of the respondent no.2 original complainant.
By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being CR INo.62 of 2017 registered with the BDivision Police Station, Himmatnagar, District Sabarkantha, for the offences punishable under Sections 465, 467, 468, 471, read with Section 114 of the Indian Penal Code, on the ground that the parties have amicably resolved the dispute.
The two trustees, viz. Shri Ramjibhai Premjibhai Patel, i.e. the Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Jan 16 23:14:20 IST 2018 R/CR.MA/31347/2017 ORDER respondent no.2 original first informant, and Ms.Chhayaben Virendrabhai Patel, are present in the Court today. They both confirmed as regards the settlement arrived at with the applicants herein.
The affidavits dated 13th December 2017 and 16th January 2018 respectively have been filed on behalf of the two trustees, viz. Shri Ramjibhai Premjibhai Patel, the respondent no.2 original first informant, and Ms.Chhayaben Virendrabhai Patel, inter alia, stating as under :
"I, Ramjibhai Premjibhai Patel, Age : 70 years, Residing at : 3/4, Hemasmruti Joshi Estate, Rajavadi Colony, R.N.Gandhi Marg, Rajvadi, Ghatkopar (East), Mumbai 400077, respondent no.2, do hereby state on solemn affirmation that I have no grievance against Shri Chandrakant Popatlal Patel and Dhirajkumar Popatlal Patel, managing trustee of Shri Saurabh Education and Medicos Trust, Sabarkantha.
Therefore, I am agreeable to quashing of the complaint filed by me before BDivision Police Station, Himmatnagar, Sabarkantha, on 19.5.2017 being F.I.R. number I0062 of 2017."
"I, Chhayaben Virendrabhai Patel, daughterinlaw of Ramjibhai Premjibhai Patel, do hereby solemnly affirm and state on oath as under :
I say and submit that aforesaid complaint was filed by my fatherinlaw Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Jan 16 23:14:20 IST 2018 R/CR.MA/31347/2017 ORDER against the applicants original accused which was registered as FIR No.I0062 of 2017 with the BDivision Police Station, Himmatnagar, Sabarkantha. I say and submit that I also have no objection to the complaint being quashed in view of the fact that issue has been resolved between the accusedapplicants and my fatherinlaw, Ramjibhai Premjibhai Patel."
Taking into consideration the fact that the parties have amicably resolved the dispute, no useful purpose would now be served to permit the investigation to continue further.
In the result, this application is allowed. The First Information Report being CR INo.62 of 2017 registered with the BDivision Police Station, Himmatnagar, District Sabarkantha, is hereby ordered to be quashed. All consequential proceedings pursuant thereto shall also stand terminated.
Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) MOIN Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Jan 16 23:14:20 IST 2018