Gujarat High Court
Prabhatbhai Laxmanbhai Humbal-Ahir & vs State Of Gujarat & on 11 January, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/24847/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 24847 of 2015
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PRABHATBHAI LAXMANBHAI HUMBAL-AHIR & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PRATIK Y JASANI, ADVOCATE for the Applicant(s) No. 1-2
MR. SHAH, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 11/01/2016
ORAL ORDER
1. Rule returnable forthwith. Mr. Shah, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Majmudar, the learned advocate, has entered appearance on behalf of the respondent No.2- original complainant and waives service of notice of rule.
2. By this application under section 482 of the Code of Criminal Procedure, 1973, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being I C.R. No. 283 of 2015 lodged before the Gandhigram Police Station, Rajkot of the offence punishable under sections 435, 504, 120B and 114 of the Indian Penal Code on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting Page 1 of 4 HC-NIC Page 1 of 4 Created On Thu Jan 14 01:32:35 IST 2016 R/CR.MA/24847/2015 ORDER the first information report further. The respondent No.2- Pravinbhai Ramrupsing Yadav is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2- Pravinbhai Ramrupsing Yadav is identified by his learned advocate Mr. Majmudar. Shri Pravinbhai Ramrupsing Yadav has also filed an affidavit, inter alia, stating as under:
"I, Pravinbhai Ramrupsing Yadav, Age: about 30 years, Occu: Business, residing at the address mentioned in the cause title of the present petition, the respondent no.2- orig. complainant herein, do hereby solemnly afffirm and state on oath as under:-
1. I am the respondent no.2-orig. Complainant in the memo of petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit.
2. I say that I have gone through the memo of petition and the facts stated in the memo of petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to the F.I.R registered as C.R. No.I-283/2015 with Gandhigram Police Station, Rajkot for the offence punishable U/s. 435, 504, 114 and 120(B) of the Indian Penal Code.
3. I say that the there was no enmity between myself and the petitioners herein, I say that I have settled the dispute with the petitioners and I do not wish to go on with the complaint filed by me against them. I say and submit that FIR in question was lodged by me out of desperation, anger and anxiety and therefore I do not want to prosecute the petitioners any further for the FIR impugned in the present petition.
4. I say and submit that after lodging the impugned FIR, I realized that a minor dispute has taken a massive shape. After filing the impugned FIR, I realized the nature of hardships and inconvenience, socially and mentally, it Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu Jan 14 01:32:35 IST 2016 R/CR.MA/24847/2015 ORDER will cause to both th sides, if the criminal proceedings continue and both the sides are subjected to regors of criminal trial, it will immensely affect our future prospectus of better life.
5. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute the criminal proceedings against the petitioners as the dispute between us has been amicably settled. I state that the complaint filed by me being C.R. No.I-283/2015 with Gandhigram Police Station, Rajkor for the offences punishable U/s. 435, 504, 114 and 120(B) of Indian Penal Code and all poceedings arising there from may be quashed in the interest of justice.
What is stated hereinabove is true to the best of my personal knowledge information and belief and I believe the same to be true and correct.
Solemnly affirmed at Rajkot on this 17th day of December, 2015."
3. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.
4. In the result, this application is allowed. The first information report being I C.R. No. 283 of 2015 lodged before the Gandhigram Police Station, Rajkot is hereby ordered to be quashed. All consequential proceedings arising from the same also stand terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Majmudar, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
Page 3 of 4 HC-NIC Page 3 of 4 Created On Thu Jan 14 01:32:35 IST 2016 R/CR.MA/24847/2015 ORDER (J.B.PARDIWALA, J.) Vahid Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Jan 14 01:32:35 IST 2016