Gujarat High Court
Amitbhai Bharatbhai Bapat & 2 vs State Of Gujarat & on 23 January, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/469/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 469 of 2017
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AMITBHAI BHARATBHAI BAPAT & 2....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS TEJAL A VASHI, ADVOCATE for the Applicant(s) No. 1 - 3
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 23/01/2017
ORAL ORDER
RULE returnable forthwith. Ms.Thakore, the learned APP waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Ms. Nandini Joshi, the learned advocate waives service of notice of rule for and on behalf of the respondent no.2 - original first informant.
By this writ-application under Article 226 of the Constitution of India, the writ-applicant - original accused prays for quashing of the FIR registered as CR-I No.127 of 2014 with the Vadi Police Station, Vadodara, for the offence punishable under Sections 498A and 114 of the Indian Penal Code.
It appears that the parties have settled the dispute. The original first informant has filed an affidavit stating as under :
Page 1 of 3HC-NIC Page 1 of 3 Created On Thu Jan 26 00:40:29 IST 2017 R/SCR.A/469/2017 ORDER "I, Suruchi w/o Amitbhai Bharatbhai Bapat, aged about 37 years, residing at :- B/26, Giriraj Residency, Dabhoi Road, Near Soma Talav, Dist. Vadodara, respondent no.2 and the First Informant of C.R.- I- 127/14 lodged with Vadi Police Station, Vadodara City, on 03/09/2014 for the offences punishable under section-498A and 114 of IPC, do hereby on solemn affirmation state as herein as under:-
1. That, I have lodged an FIR being C.R.- I-127/14 lodged with Vadi Police Station, Vadodara City, on 03/09/2014 for the offences punishable under section -
498A and 114 of IPC. The investigating officer of the said FIR has filed charge sheet in connection with the said FIR on 10/11/2014 bearing charge sheet No.99/2014 for the offences punishable under Section 498A and 114. Thereafter, Criminal Case No.44529 of 2014 came to be instituted upon the charge sheet no.99 of 2014 before JMFC Court, Vadodara. The said Criminal Case is pending before JMFC Court, Vadodara. The Criminal Case No. 44529/2014 is at the stage of leading evidence of prosecution.
2. It is stated and submitted that during the pendency of the above referred criminal case, because of the investigation and upon the advices given by family members and other elders of community, I have decided not to proceed with the present criminal case and in view of this facts, this Hon'ble Court may kindly exercise its power under articles-226 and 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure and thereby, be pleased to quash the Criminal Case No. 44529 of 2014 pending before Learned JMFC Court, Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Jan 26 00:40:29 IST 2017 R/SCR.A/469/2017 ORDER Vadodara. This Hon'ble Court may also be pleased to quash the charge sheet as well as FIR as mentioned herein above pursuant to which the Criminal Case No.44529 of 2014 was instituted.
3. The present affidavit and my decision for getting the present criminal case quashed is not based upon any force or influences and present affidavit and the contents mentioned in the present affidavit are of free consent and will and without any undue force, influence and threat."
In view of the settlement arrived at between the parties and having regard to the nature of the offence, the settlement is accepted. The FIR being CR-I No.127 of 2014 registered with the Vadi Police Station, Vadodara, is hereby quashed.
Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) NEHA Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Jan 26 00:40:29 IST 2017