Gujarat High Court
Vipul Harjibhai Parmar Dalit & 3 vs State Of Gujarat & on 31 July, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/18573/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18573 of 2017
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VIPUL HARJIBHAI PARMAR DALIT & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 - 4
MR LB DABHI, LD.ADDL.PUBLIC PROSECUTOR for the Respondent No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 31/07/2017
ORAL ORDER
1. Mr.Maulin Pandya, 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.L.B.Dabhi, learned Additional Public Prosecutor waives service of Rule on behalf respondent No.1 - The State of Gujarat and Mr.Maulin Pandya, learned advocate waives service of Rule on behalf of respondent No.2 - original complainant.
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R/CR.MA/18573/2017 ORDER
4. By way of the present application under Section 482 of the Code of Criminal Procedure, the applicants have prayed to quash the FIR being C.R.No.I- 90 of 2017 lodged with Gondal Taluka Police Station, Rajkot for the offence punishable under Section 325, 323, 452, 143, 147, 149, 506(2), etc. of the Indian Penal Code and Section 135 of the Gujarat Police Act as well as all the consequential proceedings arising from the said FIR.
5. Mr.Maulin Pandya, 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 31/07/2017, 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 applicants 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 applicants that now there is no dispute between the applicants and original complainant.
7. Mr.L.B.Dabhi, learned Additional Public Prosecutor has opposed this application and submitted that considering the nature and gravity of the offence, the impugned FIR may not be quashed.
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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 31/07/2017, which reads as under:
"I, Chhaganbhai Somabhai Bagda, Aged: 57 years, Gender: Male, Religion: Hindu, Res. At Village:
Bojpara, Taluka: Gondal, District: Rajkot, the respondent no.2 herein, hereby solemnly state and affirm on oath as under:
1. I have gone through the application filed by the applicant and I say that the alleged incident was occurred due to the misunderstanding on both the part. At the time of incident, some scuffle made between the parties therefore I got irked at the time of lodging FIR.
2. Subsequently, we and the applicants herein have decided to settle the issue amicably. That as per the settlement, Anilbhai Dineshbhai Parmar (Dalit) the complainant of I- C.R.No.89/17 registered before Gondal Police Station also gave consent and he has no objection if the same FIR may be quashed by this Hon'ble Court qua me and my son namely Jignesh Chhaganbhai Bagda (Dalit). In above mentioned circumstances I am filing this affidavit and I have no objection if the impugned FIR be quashed.
5. I say that I have no objection if the FIR against present applicants/ accused at Annexure- A registered vide C.R.No.I-90/2017, which is registered before Gondal Police Station, District:
Rajkot (Rural) for the offences punishable under section 325, 323, 452, 143, 147, 149, 506(2) of Indian Penal Code and Sec.135 of G.P.Act is quashed and prayer made by the applicants in the present application is granted by this Hon'ble Court.
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6. I say that at the time of incident I got irked due to some misunderstanding and therefore I lodged the present FIR, but thereafter I realize my misunderstanding and thereafter due to interference and persuading by our Friends and neighbour, I have decided to compromise with the present applicant and neither I have been threatened nor enticed by any person including the accused for compromise.
I say that whatever is stated herein above is true as per my belief and knowledge.
Solemnly affirmed at Ahmedabad on this 31 day of July,2017."
9. It appears from the Affidavit that the applicants and respondent No.2 - original complainant have jointly arrived at compromise and the original complainant has no grievance against the applicants 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- 90 of 2017 lodged with Gondal Taluka Police Station, Rajkot for the offence punishable under Section 325, 323, 452, 143, 147, 149, 506(2), etc. of the Indian Penal Code and Section 135 of the Gujarat Police Act as well as all the consequential proceedings arising from the said FIR, are hereby quashed and set aside qua the applicants only. Rule is made absolute accordingly.
Direct service is permitted.
[A.J.DESAI, J.] *dipti Page 4 of 4 HC-NIC Page 4 of 4 Created On Tue Aug 01 01:52:16 IST 2017