Gujarat High Court
Rupeshbhai Jayantigiri vs State Of Gujarat & on 21 August, 2013
Author: A.J.Desai
Bench: A.J.Desai
RUPESHBHAI JAYANTIGIRI GOSAIV/SSTATE OF GUJARAT R/CR.MA/13261/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 13261 of 2013 ================================================================ RUPESHBHAI JAYANTIGIRI GOSAI & 1....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: MR RJ GOSWAMI, ADVOCATE for the Applicant(s) No. 1 - 2 MR RC KODEKAR PUBLIC PROSECUTOR for the Respondent(s) No. 1 MR MAHESH P PATELADVOCATE For Respondent(s) No. 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 21/08/2013 ORAL ORDER
1.0 With the consent of the parties, the matter is taken up for hearing.
2.0 Rule.
Mr. RC Kodekar, learned Additional Public Prosecutor waives service of notice of rule on behalf respondent no.1-State and Mr.Mahesh P Patel, learned advocate waives service of notice of ruel on behalf of respondent no.2- original complainant.
3.0 By way of present application under Section 482 of the Code of Criminal Procedure, the applicants have prayed to quash the FIR being I-C.R. No. 116 of 2013 lodged with Anandnagar Police Station, Ahmedabad for the offences punishable under Sections 406, 420, 294(a), 506(2), 507 and 114 of the Indian Penal Code.
4.0 Learned advocate appearing for the applicants have produced the affidavit filed on behalf of respondent no.2-original complainant- Nirabhai Rakeshbhai Jhaveri who is present before this Court and he is identified by the learned advocate for the applicant. The affidavit filed on behalf of respondent no.2 is taken on record.
5.0 It is the case of applicants that now there is no dispute with regard to non-payment of gold bangles.
6.0 It appears from the affidavit filed on behalf of respondent no.2 that the applicants and the respondents have jointly arrived at compromise and the original complainant has no any grievances against the applicants. The matter is amicably settled between the parties.
7.0 Mr. RJ Goswami, learned advocate appearing for the applicants placed reliance on the decision of the Hon ble Apex Court in case of Gian Singh versus State of Punjab & Anr. reported in 2012(10)SCC 303 and submitted that since the matter is settled and dispute is of civil nature and it is settled between the parties, there is no need to proceed further with the trial.
8.0 Considering the overall facts and circumstances of the case and the dispute between the parties, the present application can be considered and the application is allowed. The FIR being I-C.R. No. 116 of 2013 registered with Anandnagar Police Station, Ahmedabad for the offence under Sections 406, 420, 294(a), 506(2), 507 and 114 of the Indian Penal Code is hereby quashed and set aside. Rule is made absolute. Direct service is permitted.
(A.J.DESAI, J.) niru* Page 3 of 3