Gujarat High Court
Hemantkumar Karshanbhai Chaudhry vs State Of Gujarat & on 14 March, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/6990/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 6990 of 2017
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HEMANTKUMAR KARSHANBHAI CHAUDHRY....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR DA SANKHESARA, ADVOCATE for the Applicant(s) No. 1
MS NISHA THAKORE, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 14/03/2017
ORAL ORDER
RULE returnable forthwith. Ms.Thakore, the learned APP waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Mr.Deep Vyas, the learned advocate waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.
By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being CR II-No.3085 of 2015 registered with the Jadar Police Station, District Sabarkantha, for the offence punishable under Sections 323, 504 read with Section 114 of the Indian Penal Code and under Section 135 of the Gujarat Page 1 of 3 HC-NIC Page 1 of 3 Created On Mon Aug 14 09:33:13 IST 2017 R/CR.MA/6990/2017 ORDER Police Act, on the ground that the parties have amicably resolved the dispute.
The investigation has resulted into filing of a charge- sheet which has culminated into Criminal Case No.1184 of 2015 pending in the Court of learned 2nd Additional Chief Judicial Magistrate, Idar.
An affidavit dated 9th March 2017 has been filed on behalf of the respondent no.2 - original complainant, inter alia, stating as under :
"I, Pinakbhai Rameshbhai Chaudhry, aged 19 Years, Residing at Mu.Post: Sundarpur, Tal. Idar, Dist.Sabarkantha, do hereby solemnly affirm on oath and state as under:
1. I am the complainant and have filed the complaint being CR-No. II 3085 of 2015 registered with Jadar Police Station, Sabarkantha, for the offence under Sections 323, 504 and 114 of the Indian Penal Code and Section 135 of G.P. Act and subsequent filing of Charge-sheet and Criminal Case No.1184 of 2015 pending before 2nd Additional Chief Judicial Magistrate, Idar.
2. That I am conversant with the facts and circumstances of the case. I have gone through the application filed by the applicant.
3. I say that I and applicant are the cousin brothers and as such a family members and because of the intervention of the respected members of the community and relatives, the misunderstandings on my part have been cleared off and we have amicably settled the dispute. I say and submit that for maintaining peace and harmony amongst family was another criterion for me for entering into settlement with the petitioner. I say that I have settled the dispute with him and I do not wish to go on with the complaint filed by me against him.
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R/CR.MA/6990/2017 ORDER
4. I state that the said amicable settlement has been arrived at my free will. I say that I have no objection if the First Information Report registered as C.R.II 3085 of 2015 before the Jadar Police Station, District Sabarkantha, for the offences punishable under section 323, 504 and 114 of the Indian Penal Code and Section 135 of G.P. Act, which has culminated into Criminal Case No.1185 of 2015 pending before 2nd Additional Chief Judicial Magistrate, Idar, is quashed with my consent."
In view of the fact that the matter has been resolved between the parties, no useful purpose would now be served to permit the Criminal Case No.1184 of 2015 pending in the Court of learned 2nd Additional Chief Judicial Magistrate, Idar, to proceed further.
In the result, this application is allowed. The further proceedings of the Criminal Case No.1184 of 2015 pending in the Court of learned 2nd Additional Chief Judicial Magistrate, Idar, are hereby ordered to be quashed.
Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) MOIN Page 3 of 3 HC-NIC Page 3 of 3 Created On Mon Aug 14 09:33:13 IST 2017