Gujarat High Court
Kiritbhai Babulal Shah vs State Of Gujarat & on 20 July, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/16382/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 16382 of 2017
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KIRITBHAI BABULAL SHAH....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR DA SANKHESARA, ADVOCATE for the Applicant(s) No. 1
MR RAKESH PATEL, LD.ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 20/07/2017
ORAL ORDER
1. Mr.Deep D. Vyas, learned advocate states that he has instruction to appear on behalf of respondent No.2 - original complainant and shall file his appearance at the earliest. He has identified the original complainant, who is present in the Court and states that the matter is settled between the parties.
2. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.
3. Rule. Mr.Rakesh Patel, learned Additional Public Prosecutor waives service of Rule on behalf respondent No.1 - State of Gujarat and Mr.Deep D. Vyas, learned advocate waives service of Rule on behalf of respondent No.2 - original complainant.
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R/CR.MA/16382/2017 ORDER
4. By way of the present application under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash the FIR being C.R.No.I- 0012 of 2010 lodged with Idar Police Station, Sabarkantha for the offences punishable under sections 354, 376, 511, etc. of the Indian Penal Code as well as all the consequential proceedings arising from the said FIR.
5. Mr.Deep Vyas, learned advocate appearing on behalf of the original complainant has identified original complainant, who is present in the Court and who has filed Affidavit dated 20/07/2017, which is taken on the record. It appears from the Affidavit that compromise has been arrived at between the parties and original complainant has no objection if the impugned FIR is quashed.
6. Learned advocate appearing for the applicant 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 as well as in the case of Jitendra Raghuvanshi & Ors. V/s. Babita Raghuvanshi & Anr. reported in [2013(3)] 54 (3) G.L.R 1875 and submitted that since the matter is settled between the parties, there is no need to proceed further with the trial.
It is the case of applicant that now there is no dispute between the applicant and original complainant.
7. Mr.Rakesh Patel, learned Additional Public Prosecutor has opposed this application and submitted that considering the nature and gravity of the offence, the Page 2 of 5 HC-NIC Page 2 of 5 Created On Fri Jul 21 01:53:31 IST 2017 R/CR.MA/16382/2017 ORDER impugned FIR may not be quashed.
8. I have heard learned advocate appearing on behalf of the respective parties and perused the impugned FIR as well as Affidavit filed by the original complainant dated 20/07/2017, which reads as under:
"I, Dr.Shilpaben W/o Bhagwandas Kevaldas, Aged Adult, currently residing at Pariskar-1, F/102, Near Khokhra Circle, Opp.Khokhra Police Station, Maninagar, Ahmedabad, do hereby solemnly affirm on oath and state as under:-
1. I state that I have filed the complaint and I am a complainant in the FIR registered as C.R.No.I-0012 of 2010 before Idar Police Station, Dist. Sabarkantha for the offence punishable under sections 354, 376 and 511 of the Indian Penal Code, which has culminated into Sessions Case No.104 of 2010 pending before 3rd Additional Sessions Judge, Idar.
2. At the outset, I state that I am a qualified doctor associated with the applicant at his hospital known as Bhavna Hospital at Idar and as such knowing the applicant since long.
3. I state that due to some misunderstanding with the applicant and under the influence of my husband the aforesaid complaint was registered. I state that the applicant and myself are practicing doctors and upon intervention of the respected members of our fraternity and relatives, by which the misunderstanding has been cleared off.
Therefore, under such circumstances and considering that the no such incident of rape and molestation occurred as alleged in the complaint.
4. I am filing the present affidavit in true spirits and further state that I do not intend to pursue Page 3 of 5 HC-NIC Page 3 of 5 Created On Fri Jul 21 01:53:31 IST 2017 R/CR.MA/16382/2017 ORDER the complaint and have no objection and give consent for quashing and setting aside FIR registered as C.R.No.I-0012 of 2010 before Idar Police Station, Dist. Sabarkantha for the offence punishable under Sections 354, 376 and 511 of the Indian Penal Code, which has culminated into Sessions Case No.104 of 2010 pending before 3rd Additional Sessions Judge, Idar. That I further consent to the placing / annexing copy of the present affidavit in the quashing and/or appropriate proceedings preferred before court of law.
5. I state that complaint was filed on account of misunderstanding, which as such was felt personal in nature, which has been sorted out. Earlier also I have filed affidavit dated 28.12.2016 stating that I do not want to proceed with the complaint registered by me against the applicant.
6. I state that I am competent to file the present affidavit and the same is not adhered by any force, fraud, coercion or any undue influence and infact the same is filed at my free will in true letters and spirits and I am also within the knowledge of the consequence of the present affidavit."
9. It appears from the Affidavit that the applicant and respondent No.2 - original complainant have arrived at compromise and the original complainant has no grievance against the applicant and the matter is amicably settled between the parties.
10. Considering the overall facts and circumstances of the case and considering the fact that the dispute between the parties is now resolved, the present application is allowed. The FIR being C.R.No.I- 0012 of 2010 lodged with Idar Police Station, Sabarkantha for the offences punishable under Page 4 of 5 HC-NIC Page 4 of 5 Created On Fri Jul 21 01:53:31 IST 2017 R/CR.MA/16382/2017 ORDER sections 354, 376, 511, etc. of the Indian Penal Code as well as all the consequential proceedings arising from the said FIR, are hereby quashed and set aside qua the applicant only. Rule is made absolute accordingly.
Direct service is permitted.
[A.J.DESAI, J.] *dipti Page 5 of 5 HC-NIC Page 5 of 5 Created On Fri Jul 21 01:53:31 IST 2017