Gujarat High Court
Sarlaben Shankarlal Lashkari vs State Of Gujarat & on 21 February, 2013
Author: K.M.Thaker
Bench: K.M.Thaker
SARLABEN SHANKARLAL LASHKARI....Applicant(s)V/SSTATE OF GUJARAT R/CR.MA/13329/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 13329 of 2012 ================================================================ SARLABEN SHANKARLAL LASHKARI....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: MS FARHANA Y MANSURI, ADVOCATE for the Applicant(s) No. 1 MS RAVAL APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE K.M.THAKER Date : 21/02/2013 ORAL ORDER
1. In present petition under Section 482 of the Criminal Procedure Code, the petitioner has prayed, inter alia, that:-
10(A).........
(B) Your Lordships may be pleased to quash and set aside the said FIR being I-CR No.85 of 2003 and Criminal Case No.1845 of 2003 u/s 498 (A) IPC in ld Magistrate Vadodara filed by the respondent no.2. As per the Hon'ble Court order and as per the settlement.
(C)..........
(D)..........
Ms. Farhana Y Mansuri, learned advocate for the petitioner has appeared and submitted that in view of the settlement arrived at between the parties in the proceedings related to Criminal Revision Application No 532 of 2008, the Criminal Case No.1845 of 2003 was to be withdrawn. However, opponents have not withdrawn the said case and therefore, petitioner has preferred present petition requesting that the FIR being I-CR. No. 85 of 2003 and Criminal Case No.1845 of 2003 may be quashed.
2.1 Ms. Farhana Y Mansuri, learned advocate for the petitioner relied on clause No.5 of the settlement which was filed in Criminal Revision Application No.532 of 2008. The said clause No.5 reads thus:-
(5)That the wife has filed a Criminal Case under Sec. 498(A) of the I.P.C. bearing Criminal Misc. Application No.1845/2003 before the Court of learned Magistrate, at Vadodara. But in view of this settlement, she will make an attempt to withdraw the said proceedings, alternatively the parties also pray to this Hon'ble Court to pass necessary orders or directions for the withdrawal of the said proceedings. The withdrawal of these proceedings will not be misused by any of the parties in the said case and proceedings against the wife, or the parents of respondent No.2 and their relatives.
Both the parties have arrived at to this terms of settlement before the Hon'ble Court independently without any pressure, fear or coercion in the presence of the Advocates for both the parties and their relatives / parents.
3. According to the said clause No.5, if the matter is not withdrawn then the parties have to make request to the appropriate Court for necessary and appropriate orders.
3.1 Instead of approaching the concerned learned Court, the petitioner has preferred present petition.
4. It is necessary to mention at the outset that the petitioner herein does not appear to be party to the said settlement and / or in Revision Application No.532 of 2008.
5. It has emerged from the record that the chargesheet has been filed and the case is pending before the learned Trial Court. Independently i.e. without relying on the settlement any case of any justification is not made out in present petition and / or during hearing of present petition to convince the Court to quash the FIR being I-CR No.85 of 2003 and / or Criminal Case No.1845 of 2003.
5.1 Therefore, there is no basis for this Court to quash the said FIR being I-CR No.85 of 2003 and / or the Criminal Case No.1845 of 2003.
5.2 Actually as mentioned above, the petitioner is not party to the settlement and does not appear to be party to the proceedings related to settlement i.e. in Criminal Revision Application No.532 of 2008, over which, the settlement has been finalized.
6. For the aforesaid reasons, the petition does not deserve to be entertained and the same is accordingly disposed of.
(K.M.THAKER, J.) Suresh 4