Gujarat High Court
Thakor Chandreshji @ Chanduji @ Sanjay ... vs State Of Gujarat on 20 December, 2021
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/1980/2021 ORDER DATED: 20/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1980 of 2021
With
CRIMINAL MISC. APPLICATION (FIXING DATE OF EARLY HEARING)
NO. 1 of 2021
In R/SPECIAL CRIMINAL APPLICATION NO. 1980 of 2021
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THAKOR CHANDRESHJI @ CHANDUJI @ SANJAY SUJAJI
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MR IMRAN PATHAN for the Respondent(s) No. 2
MS SS PATHAK APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 20/12/2021
ORAL ORDER
1. 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 F.I.R. bearing I.C.R.No. 19 of 2014 registered with Kheralu Police Station, Dist.- Mehsana for the offences punishable under Sections 363, 366, 376, 506(1), 114 of IPC and under Sections 4, 5(1) and 8 of the POCSO Act and to quash all other consequential proceedings arising out of the aforesaid FIR qua the applicant and proceedings of Special (POCSO) Case No. 59 of 2020.
2. Heard Mr. Pratik Barot, learned advocate for the applicant and Mr. Imran Pathan, learned advocate for victim girl and he is permitted to file his vakalatnama Page 1 of 3 Downloaded on : Wed Jan 12 12:30:40 IST 2022 R/SCR.A/1980/2021 ORDER DATED: 20/12/2021 before the Registry during the course of day.
3. Both the learned advocates would submit that during the pendency of present petition, the matter is amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law.
4. Learned APP has opposed the application and submitted that looking to averments made in the FIR, complaint may not be quashed.
5. The victim - Varshaben Sardarji Thakor, has filed affidavit stating inter-alia the fact that she is legally wedded wife of the applicant and staying with the applicant under a common roof and has child of 5 months old. The victim is present before this Court and has confirmed the fact of settlement and contents of the affidavit in support of the petition.
6. Having heard the learned counsel for the parties and considering the facts of settlement and law laid down by the Apex Court [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 Page 2 of 3 Downloaded on : Wed Jan 12 12:30:40 IST 2022 R/SCR.A/1980/2021 ORDER DATED: 20/12/2021 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),] this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned FIR would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
7. Resultantly, this application is allowed and the impugned F.I.R. bearing I.C.R.No. 19 of 2014 registered with Kheralu Police Station, Dist.- Mehsana filed against present applicant is hereby quashed and set aside and all other proceedings arising out of the aforesaid FIR and proceedings of Special (POCO) Case No. 59 of 2020 are also quashed and set aside. Direct service permitted.
8. In view of the order passed in main matter, no order in Criminal Misc. Application No. 1 of 2021 and same is disposed of accordingly.
(ILESH J. VORA,J) P.S. JOSHI Page 3 of 3 Downloaded on : Wed Jan 12 12:30:40 IST 2022