Aditi Ajaykumar Choksi vs State Of Gujarat & on 24 December, 2014

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Gujarat High Court

Aditi Ajaykumar Choksi vs State Of Gujarat & on 24 December, 2014

Bench: J.B.Pardiwala

          R/SCR.A/4834/2014                                   JUDGMENT




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4834 of 2014
                                     With
               CRIMINAL MISC.APPLICATION NO. 21576 of 2014


FOR APPROVAL AND SIGNATURE:



HONOURABLE MR.JUSTICE J.B.PARDIWALA

================================================================

1   Whether Reporters of Local Papers may be allowed to see
    the judgment ?

2   To be referred to the Reporter or not ?

3   Whether their Lordships wish to see the fair copy of the
    judgment ?

4   Whether this case involves a substantial question of law as
    to the interpretation of the Constitution of India, 1950 or any
    order made thereunder ?

5   Whether it is to be circulated to the civil judge ?

================================================================
                     ADITI AJAYKUMAR CHOKSI....Applicant(s)
                                   Versus
                     STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance in SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4834
of 2014
MR B.B.NAIK, SENIOR ADVOCATE with MR. JAIMIN R DAVE, ADVOCATE
for the Applicant(s) No. 1
MR P B KHAMBHOLJA, ADVOCATE for the Respondent(s) No. 2
MR AN SHAH, APP for the Respondent(s) No. 1

Appearance in CRIMINAL MISC.APPLICATION NO. 21576 of 2014
MR P B KHAMBHOLJA, ADVOCATE for the Applicant (s) No. 1-2



                                    Page 1 of 3
         R/SCR.A/4834/2014                                     JUDGMENT



MR AN SHAH, APP for the Respondent(s) No. 1
MR B.B.NAIK, SENIOR ADVOCATE with MR. JAIMIN R DAVE, ADVOCATE
for the Respondent No.2
================================================================

         CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                              Date : 24/12/2014


                            ORAL ORAL JUDGMENT

1. Since, both these applications arise from a cross First Information Report, those were heard analogously and are being disposed of by this common judgment and order.

2. Rule returnable forthwith. Mr.Shah, the learned APP waives service of notice of Rule for and on behalf of the respondent no.1 State of Gujarat.

3. In Criminal Misc. Application No.21576 of 2014, Mr.B.B.Naik, the learned Senior Advocate assisted by Mr.Jaimin Dave, the learned advocate has appeared on behalf of the respondent No.2 - original informant. In Special Criminal Application No.4834 of 2014, Mr.P.B.Khambholja, the learned advocate has appeared on behalf of respondent No.2 - original informant and waive service of notice of Rule for and on behalf of the respondent no.2.

4. It appears that the parties had an altercation on account of a very trivial issue. The quarrel between the two ladies led to the filing of the two FIRs being C.R.No.II3292 of 2014 for the offence punishable under Sections 323, 294(b) and 351 of the Indian Penal Page 2 of 3 R/SCR.A/4834/2014 JUDGMENT Code and C.R.No.II3293 of 2014 for the offence punishable under Sections 323 and 294(B) of the Indian Penal Code, both registered with the Ellisbridge Police Station, Ahmedabad

5. Taking into consideration the nature of the dispute and the fact that the two young ladies had an altercation and fight on a very petty issue, they have decided to bury their differences and resolve the dispute. They are present before the Court and they are being identified by their respective learned advocates.

6. In the result, both these applications are allowed. The FIR being C.R.No.II3292 of 2014 and FIR being C.R.No.II3293 of 2014 both registered with the Ellisbridge Police Station, Ahmedabad are ordered to be quashed. Consequently, all further proceedings pursuant to the FIRs shall also stand terminated.

7. Rule is made absolute in both these petitions.

(J.B.PARDIWALA, J.) Amar Page 3 of 3

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