Gujarat High Court
Niralbhai Rakeshbhai Jhaveri vs State Of Gujarat on 22 June, 2023
Author: Samir J. Dave
Bench: Samir J. Dave
R/SCR.A/7416/2023 ORDER DATED: 22/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7416 of 2023
With
R/SPECIAL CRIMINAL APPLICATION NO. 7418 of 2023
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NIRALBHAI RAKESHBHAI JHAVERI
Versus
STATE OF GUJARAT
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Appearance:
SHRENIK R JASANI(9486) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 22/06/2023
ORAL ORDER
1. Both these applications arise out of the same FIR and therefore, they are disposed of by this common order. Learned advocate Mr. Paresh Darji states that he has instructions to appear on behalf of the original complainant in both the matters and thereby, seeks permission to file his Vakalatnama, which is granted. 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 Page 1 of 4 Downloaded on : Fri Jun 23 20:43:26 IST 2023 R/SCR.A/7416/2023 ORDER DATED: 22/06/2023 both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.
4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the complaints being (i) FIR No.11192011230034 registered with Bopal Police Station for the offences under Sections 465, 467, 468, 471 and 120B of IPC and (ii) FIR No. 11192011230034 registered with Bopal Police Station for the offences under Sections 465, 467, 468, 471 and 120B of IPC; and all 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 Affidavits in both the matters, which are taken on record. In the Affidavits, the original complainant has categorically stated that the dispute with the applicants has been resolved amicably and that he has no objection, if the 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 Page 2 of 4 Downloaded on : Fri Jun 23 20:43:26 IST 2023 R/SCR.A/7416/2023 ORDER DATED: 22/06/2023 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 applicants in relation to the impugned FIR would cause unnecessary harassment to the applicants. 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 FIRs and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..
7. In the result, the applications are allowed. The impugned complaints being (i) FIR No.11192011230034 registered with Bopal Police Station and (ii) FIR No. 11192011230034 registered with Bopal Police Station; as well as all consequential proceedings initiated in pursuance of both the FIRs; are hereby quashed and set aside qua the applicants herein. Rule is made absolute. Direct service is permitted. If Page 3 of 4 Downloaded on : Fri Jun 23 20:43:26 IST 2023 R/SCR.A/7416/2023 ORDER DATED: 22/06/2023 the applicants are in jail, the jail authority concerned is directed to release the applicants forthwith if they are not required in connection with any other case.
(SAMIR J. DAVE,J) PRAVIN KARUNAN Page 4 of 4 Downloaded on : Fri Jun 23 20:43:26 IST 2023