Gujarat High Court
Hardik Jagdishbhai Savani vs State Of Gujarat on 12 December, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/3704/2022 ORDER DATED: 12/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3704 of 2022
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HARDIK JAGDISHBHAI SAVANI
Versus
STATE OF GUJARAT
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Appearance:
AADITYA D BHATT(8580) for the Applicant(s) No. 1
CHANDNI S JOSHI(9490) for the Applicant(s) No. 1
MR AMIT P SOLIYA(10780) for the Respondent(s) No. 2
MR DHAVAN JAISWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 12/12/2022
ORAL ORDER
1. Heard learned counsel for the respective parties.
2. Rule. Learned advocates appearing for the respective respondents 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 matter is taken up for final 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 being C.R.No. I-29 of 2016 registered with Chowk Bazaar Police Station, Surat, for the 143, 147, 149, 427, 435 of Indian Penal Code, 1860 and Sections 3 and 4 of the Prevention of Damage to Page 1 of 3 Downloaded on : Sat Dec 24 02:53:13 IST 2022 R/SCR.A/3704/2022 ORDER DATED: 12/12/2022 Public Property Act, 1984 as well as other consequential proceedings arising thereto.
5. Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their issue by way of mutual settlement and pursuant to understanding arrived at between them, the Respondent No.2 has accordingly filed an affidavit dated 13.04.2022, which is on record. The complainant has categorically stated in the affidavit that the dispute is resolved between them and he has no objections if the present proceedings are quashed and there is no surviving grievance between them. Learned counsel for the applicant on instructions states that, the applicant does not have past antecedent.
6. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications 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 Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of Page 2 of 3 Downloaded on : Sat Dec 24 02:53:13 IST 2022 R/SCR.A/3704/2022 ORDER DATED: 12/12/2022 powers conferred under Section 482 of the Code.
7. Resultantly, this application is allowed. The impugned FIR being C.R.No. I-29 of 2016 registered with Chowk Bazaar Police Station, Surat as well as other consequential proceedings are hereby quashed and set aside qua the applicant herein. Accordingly, Rule is made absolute. Direct service is permitted.
(ILESH J. VORA,J) SUCHIT Page 3 of 3 Downloaded on : Sat Dec 24 02:53:13 IST 2022