Gujarat High Court
Khalidhusen Mehmudmiya Malek & vs State Of Gujarat & on 29 September, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/7499/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7499 of 2017
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KHALIDHUSEN MEHMUDMIYA MALEK & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
BHAGYASHRI P ROUNDAL, ADVOCATE for the Applicant(s) No. 1 - 2
M M ANSARI, ADVOCATE for the Applicant(s) No. 1 - 2
MR RAKESH PATEL, APP for the Respondent(s) No. 1
ZAKIRHUSEN M BELIM, ADVOCATE for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 29/09/2017
ORAL ORDER
1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Zakirhusen Belim states that he has an instruction to appear for the respondent No.2 - complainant. He is permitted to file his appearance forthwith.
2. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents.
3. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.2 has been resolved amicably, this application is taken up for final Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Oct 07 09:00:48 IST 2017 R/SCR.A/7499/2017 ORDER disposal forthwith.
4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashing and setting aside FIR bearing I.C.R.No. 146 of 2017 registered with Isanpur Police Station, Ahmedabad City for the commission of offence punishable under Sections 324, 294(b), 506(2), 114 of the IPC and for the offences punishable under Section 135(1) of the Gujarat Police Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicant.
5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicant. It is submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicant and respondent No.2 is resolved due to intervention of trusted persons of the society. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its inherent powers conferred under Section 482 of the Code and allow the application as prayed for.
6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Oct 07 09:00:48 IST 2017 R/SCR.A/7499/2017 ORDER question may not be quashed and the present application may be rejected.
7. Learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 - Aamirkhan Nasirkhan Pathan dated 25.09.2017. Respondent No.2 is present in person before the Court and is identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicant and respondent No.2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
8. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Oct 07 09:00:48 IST 2017 R/SCR.A/7499/2017 ORDER justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
9. Resultantly, this application is allowed and the impugned FIR bearing I.C.R.No. 146 of 2017 registered with Isanpur Police Station, Ahmedabad City for the commission of offence punishable under Sections 324, 294(b), 506(2), 114 of the IPC and for the offences punishable under Section 135(1) of the Gujarat Police Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicant filed against the present applicant is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicant.
10. Rule is made absolute. Direct service is permitted.
(A.J.DESAI, J.) SHRIJIT PILLAI Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Oct 07 09:00:48 IST 2017