Gujarat High Court
Atulbhai Naginbhai Koli Patel & vs State Of Gujarat & on 9 September, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/12421/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 12421 of 2015
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ATULBHAI NAGINBHAI KOLI PATEL & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR MAHESH K POOJARA, ADVOCATE for the Applicant(s) No. 1 - 2
MR PARTHIV A BHATT, ADVOCATE for the Respondent(s) No. 2
MS HB PUNANI, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 09/09/2015
ORAL ORDER
1. Rule returnable forthwith. Ms. H.B.Punani, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. P.A.Bhatt, the learned advocate waives service of notice of rule for and on behalf of the respondent No.2 original first informant.
2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicantsoriginal accused persons seek to invoke the inherent powers of this Court for quashing of the proceedings of Criminal Case No.841 of 2014 pending in the Court of the learned Additional Civil Judge & J.M.F.C., Surat, arising from the F.I.R. being C.R.No.I06 of 2014 filed before the Olpad Police Station, Surat for the offence punishable under Sections406, 420, 466, 467, 471, 120(B) r/w.114 of the I.P.C.
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R/CR.MA/12421/2015 ORDER
3. The quashing of the complaint is prayed for on the ground that the parties have amicably settled the dispute. The respondent no.2 viz.Jagubhai Chhanabhai Parmar has filed an affidavit interalia stating as under: "I, Jagubhai Chhanabhai Parmar, Male, Aged 62 years, Agriculturist, Residing at B/26/7, Bhavi Dharshan Sankool, Magdalla, Surat, respondent no.2 herein, do hereby solemnly affirm on oath and state as under:
1. I state that I am respondent No.2, original complainant, in the captioned application. I lodged a first information report against the applicants and one another at Olpad Police Station, which came to be registered as C.R. No.I6/2014 on 6.1.2014, for the offences punishable under Sections406, 420, 466, 467, 471, 120B and 114 of the Indian Penal Code. I state that I have been read over the captioned application and explained the same to me in Gujarati language and I am filing this affidavit in support of the said application, which is filed by the applicants for quashing of the abovereferred first information report with consent.
2. I state that, after the investigation has progressed to some extent, the applicants approached the deponent to settle the matter amicably and some leading person known to both sides of the society also intervened and got the matter settled amicably between the applicants and the deponent. I state that, to effect the settlement, applicant No.2 reconveyed the land in question being revenue survey No.126, admeasuring 28,227 sq.meters of village Ovhla, Taluka Olpad, District Surat, in favour of the nominees of the deponent by a registered sale deed and the forged power of attorney used for executing sale deed in favour fo applicant No.2 is also returned to the deponent by the applicants. I state that I am satisfied with the said settlement and, since the dispute is not concerning the public law, the first information report in question may be quashed by this Hon'ble Court. I state that, since the matter is amicably settled between the parties, I am not willing and inclined to prosecute my complaint any further and I am not interested in prosecuting the said first information report against the applicants any further in the court of law. I, therefore, state that I have no objection and I consent to quashing of the said complaint as prayed for by the applicants.
3. I state that, at present, I am suffering from paralysis and I am unable to travel and, therefore, my travelling to Ahmedabad is very difficult. I, therefore, pray to this Hon'ble Court to dispense with my presence before this hon'ble Court at the time of hearing of the Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Sep 11 02:08:49 IST 2015 R/CR.MA/12421/2015 ORDER application and this Hon'ble Court may be pleased to quash the above referred first information report lodged by me, as stated above, against the applicants by consent.
Whatever stated hereinabove is true and correct to the best of my knowledge, information and belief. I believe the same to be true and correct.
Solemnly affirmed on oath on this 7th day of September, 2015 at Surat."
The first informant is not present in the Court as he is suffering from paralysis. He has given consent for quashing of criminal proceedings and confirms about the settlement arrived at with the accused persons.
4. Taking into consideration the nature of the dispute and the fact that the parties have amicably settled the dispute, no useful purpose would now be served to proceed further with the criminal case. The affidavit filed by the original first informant is ordered to be taken on record.
5. In the result, this application is allowed. The further proceedings of Criminal Case No.841 of 2014 pending in the Court of the learned Additional Civil Judge & J.M.F.C., Surat, arising from the F.I.R. being C.R.No.I06 of 2014 filed before the Olpad Police Station, Surat, are hereby ordered to be quashed qua the applicants herein. All consequential proceedings pursuant thereto shall stand terminated.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Sep 11 02:08:49 IST 2015