Gujarat High Court
Nagjibhai Bheraji Patel (Karad) vs State Of Gujarat on 29 November, 2021
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/10826/2021 ORDER DATED: 29/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10826 of 2021
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NAGJIBHAI BHERAJI PATEL (KARAD)
Versus
STATE OF GUJARAT
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Appearance:
MR PANKAJ S CHAUDHARY(3269) for the Applicant(s) No. 1,2,3,4,5,6
NIRAV V PARGHI(8032) for the Respondent(s) No. 2
MR MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 29/11/2021
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing and setting aside F.I.R. bearing C.R.No.11195050201151 of 2020 registered with Tharad Police Station, Dist.- Banaskantha for the offences punishable under Sections 465, 467, 471 and 120-B of IPC and to quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants.
2. Mr. Nirav Parghi, learned advocate states that he has instrunctions to appear for the respondent no.2-original complainant and seeks permission to file Vakalatnama with the Registry. Permission is granted. Registry is directed to accept the same.
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3. Heard Mr. Pankaj S. Chaudhary, learned advocate for the applicants and Mr. Nirav Parghi, learned advocate for the respondent no.2 - complainant.
4. Both the learned advocates would submit that during the pendency of present petition, the matter is amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law.
5. Learned APP has strongly opposed this application.
6. The complainant - respondent No. 2 - Sukhiben W/o. Danabhai Bheraji Karad (Patel) has filed affidavit stating inter-alia the fact that the matter is amicably settled with the applicants which is annexed at Annexure-B to this application and therefore, in the interest of justice, FIR may be quashed and set aside.
7. Having heard the learned counsel for the parties and considering the facts of settlement and law laid down by the Apex Court [Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Page 2 of 3 Downloaded on : Wed Jan 12 05:26:55 IST 2022 R/SCR.A/10826/2021 ORDER DATED: 29/11/2021 Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC),] this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned FIR would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
8. Resultantly, this application is allowed and the impugned FIR bearing C.R.No.11195050201151 of 2020 registered with Tharad Police Station, Dist.- Banaskantha filed against present applicants is hereby quashed and set aside and all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Direct service is permitted.
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