Bharatbhai Aapabhai Khachar vs State Of Gujarat on 3 August, 2023

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Gujarat High Court

Bharatbhai Aapabhai Khachar vs State Of Gujarat on 3 August, 2023

Bench: Samir J. Dave

                                                                                  NEUTRAL CITATION




     R/SCR.A/9581/2023                              ORDER DATED: 03/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 9581 of 2023

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                         BHARATBHAI AAPABHAI KHACHAR
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR PAWAN A BAROT(6455) for the Applicant(s) No. 1
MS SWETA P BAROT(10181) for the Applicant(s) No. 1
MR JAPAN DAVE for the Respondent(s) No. 2
MR CHINTAN DAVE APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                Date : 03/08/2023

                                 ORAL ORDER

Mr. Japan Dave, learned advocate states that he has received instructions to appear for and on behalf of the respondent no.2 and sought permission to appear on behalf of the respondent no.2. Permission; as sought for; stands granted. He shall file his Vakalatnama before the Registry. Registry shall accept the same.

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent no.1-State and learned advocate Mr. Japan Dave waives service of notice of rule for and on behalf of the respondent no.2.

2. Considering the issue involved in the present application and with consent of the learned advocates appearing for the Page 1 of 4 Downloaded on : Sun Sep 17 00:01:40 IST 2023 NEUTRAL CITATION R/SCR.A/9581/2023 ORDER DATED: 03/08/2023 undefined respective parties as well as considering the fact that the dispute amongst the applicant and complainant 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 "the Code"), the applicant has prayed for quashing and setting aside FIR being C.R.No. 11191004230446 of 2023 registered with Amraiwadi Police Station, District Ahmedabad City for the offence punishable under Section 507 of the Indian Penal Code; Sections 3(1)(r), 3(1)(s) and 3(2)(v)(a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as well as other consequential proceedings arising therefrom.

4. Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their issue by way of mutual settlement and pursuant to understanding arrived at, the Complainant has accordingly filed an affidavit, which is on record. The complainant has categorically stated in the affidavit that dispute is amicably resolved and has no objections if the present proceedings are quashed and there is no surviving grievance between them.

5. Heard learned advocates for the respective parties.

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NEUTRAL CITATION R/SCR.A/9581/2023 ORDER DATED: 03/08/2023 undefined

6. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered in the cases of 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, 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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

7. Resultantly, this application is allowed. The impugned FIR being C.R.No. 11191004230446 of 2023 registered with Amraiwadi Police Station, District Ahmedabad City as well as other consequential proceedings are hereby quashed and set Page 3 of 4 Downloaded on : Sun Sep 17 00:01:40 IST 2023 NEUTRAL CITATION R/SCR.A/9581/2023 ORDER DATED: 03/08/2023 undefined aside qua the present applicant herein. Accordingly, Rule is made absolute.

8. If the applicant is behind bar, Jail authority as well as Court concerned shall take necessary steps to release the applicant from the jail if he is not required in any other offence.

9. If the respondent no.2 has received any kind of compensation from the Government or any authorities then the respondent no.2 shall deposit such compensation amount before the concerned authorities within a period of one month from the date of passing of this order.

Direct service is permitted.

(SAMIR J. DAVE,J) K. S. DARJI Page 4 of 4 Downloaded on : Sun Sep 17 00:01:40 IST 2023

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