Gujarat High Court
Ajaybhai Prakashchandra Agarwal vs State Of Gujarat on 4 December, 2023
NEUTRAL CITATION
R/CR.MA/20943/2023 ORDER DATED: 04/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 20943 of 2023
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AJAYBHAI PRAKASHCHANDRA AGARWAL
Versus
STATE OF GUJARAT
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Appearance:
MR PARTHIV B SHAH(2678) for the Applicant(s) No. 1,2
MR S M DAVE(11268) for the Respondent(s) No. 2
MR. JAIMIN R DAVE(7022) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 04/12/2023
ORAL ORDER
1. RULE. Learned advocates waive service of note of rule on behalf of the respective respondents.
2. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.
3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), the applicants have prayed to quash and set aside the complaint being FIR No.11191006230290 of 2023 registered with Bodakdev Police Station, Ahmedabad City, for the offences under Sections 294(b), 506(1) and 114 of the IPC and Sections 3(1) (r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act and all the consequential proceedings arising therefrom.
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4. Learned counsel for the applicants on instructions fairly states that no any compensation or Government aid of 1 st installment is being received by the applicants though it is sanctioned. He further states that the applicants are ready and willing to forgo the said amount of compensation and will not claim any amount in future from the Government with regard to the said offence.
5. Considering the report submitted by Mr. S.M.Patel, Asst. Police Commissioner, "N" Division, Ahmedabad City, it appears that 1st installment of Rs.25,000/- was ordered to be paid to the victim, but due to want of grant, it is not paid till date.
6. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit, which is taken / placed on record. In the Affidavit, the original complainant has categorically stated that the dispute with the applicant/s has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.
7. Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further Page 2 of 3 Downloaded on : Tue Dec 05 20:41:57 IST 2023 NEUTRAL CITATION R/CR.MA/20943/2023 ORDER DATED: 04/12/2023 undefined continuation of criminal proceedings against the applicant/s in relation to the impugned FIR would cause unnecessary harassment to the applicant/s. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..
8. In the result, the application is allowed. The impugned complaint being FIR No.11191006230290 of 2023 registered with Bodakdev Police Station, Ahmedabad City as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicants herein. Rule is made absolute. Direct service is permitted. If the applicants are in jail, the jail authority concerned is directed to release the applicants forthwith, if not required in connection with any other case.
9. Copy of this order be sent to Deputy Director, Scheduled Caste Welfare Department, Ahmedabad, as the applicants have waived their right of compensation or any government aid from the Government in connection with the offence being FIR No.11191006230290 of 2023 registered with Bodakdev Police Station, Ahmedabad City, forthwith.
(HASMUKH D. SUTHAR,J) SUCHIT Page 3 of 3 Downloaded on : Tue Dec 05 20:41:57 IST 2023