Gujarat High Court
Sanjay Champalal Sharma & 3 vs State Of Gujarat & on 3 November, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/6481/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6481 of 2015
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SANJAY CHAMPALAL SHARMA & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR.MINHAJ M SHAIKH, ADVOCATE for the Applicant(s) No. 1 - 4
MR. JAVED S QURESHI, ADVOCATE for the Respondent(s) No. 2
MS HANSA PUNANI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 03/11/2015
ORAL ORDER
1. Rule returnable forthwith. Ms. Punani, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Javed Qureshi the learned advocate who has entered appearance for the respondent No.2 waives service of notice of rule for and on behalf of the original complainant.
2. By this application, the applicantsoriginal accused seek to invoke the inherent powers of this Court under Sections 482 of the Code of Criminal Procedure, 1973 for quashing of the F.I.R registered vide C.R No.I288/2011, lodged by the respondent No.2 at Ramol Police Station for the offence punishable under Sections 306, 498(A) read with Section 114 of the Indian Penal Code.
3. When the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the parties that the dispute between the parties Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Nov 05 02:29:49 IST 2015 R/SCR.A/6481/2015 ORDER has been resolved and the respondent No.2 original informant is no longer desirous of proceeding further. The respondent No.2 Ghevardas Kikaram Vaishnav is personally present before the Court and he has been identified by the learned advocate Mr. Qureshi. He has also filed an affidavit interalia stating as under: I, undersigned Ghevardas Kikaram Vaishnav, Aged about 61 years, Residing at; Narmada Terrace Flat no. 304 'A' wing, Cabin Cross road, Bhyandar (east) Mumbai do hereby solemnly affirm on oath that I, have read the petition and I am conversant with the facts and circumstances of the matter, therefore depose as under;
1. It is submitted that an complaint was lodged being FIR iC.R. No. 288 of 2011 registered with Ramol Police Station for the offences punishable under Section 306, 498(A), 114 of Indina Penal Code Act against all the present petitioners/applicants herein, but hencenow the complaint/FIR/charge sheet no.245 of 2011, (sessions case no.16 of 2013) has been amicably settled between us and further I had no objection if the impugned complaint/consequential proceedings arising out of impugned FIR is quashed and set aside in the interest of justice.
2. I say that I had no personal enmity between myself and the present petitioners. I say that an unfortunate incident occurred, because of that both sides were into shock. After deliberations and discussions amongst family members of petitioners and my family, the dispute between us is been resolved and I realized that impugned FIR is the result of misunderstanding and misconception my part.
3. I say that the dispute have been resolved between us and do not wish further to go against the all present petitioners. I say andsubmit that the FIR lodged by me was just a misunderstanding, desperation, anger, misconception, anxiety and therefore I do not want to them prosecute further, i.e. the impugned FIR/charge sheet against all the present petitioners. Hence, as per mutual understanding and settlement I have agreed to give consent to quash and set aside the FIR / charge sheet and all the consequential proceedings arising out of the impugned FIR/charge sheet against the all present petitioners. Thus, I have to mention that I do not want to prosecute further with impugned FIR / charge sheet against the all present petitioners in this circumstances, it is crystal clear that dispute between us is purely of personal in nature and no public policy involved in the same. It also clearly portrays that offences are personal in nature, hence it does not affect the public peace and tranquility, so quashing such proceedings on account of compromise would bring peace and would secure ends of justice. I have also realized the nature of hardships and inconvenience, socially and mentally, it will cause to both sides, if the criminal proceedings proceed further both sides would have to face rigorous criminal trial, it will immensely affect out future prospect of better life.
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R/SCR.A/6481/2015 ORDER
4. It is submitted that I am competent to depose, and in a complete state of consciousness and stability of sound mind and health and not being under influence by any one. And based upon the facts and circumstance mentioned above I do not want to prosecute further with all petitioner's herein because the matter has been amicably settled between all of us. I stated that FIR IC.R. No.288 of 2011 registered at Ramol Police Station for the offence under Section 306, 498(A), 114 of Indian Penal Code as well the charge sheet No.245 of 2014, Sessions Case No.16 of 2013 along with all consequential proceedings arising out the impugned FIR may be quashed and set aside in the interest of justice."
4. Taking into consideration the fact that the parties have resolved the dispute, no useful purpose would be now served to allow further proceedings of the FIR.
5. In the aforesaid view of the matter, the application is allowed. The FIR registered vide C.R No. I288/2011 before the Ramol Police Station, is hereby quashed. All further proceedings pursuant to such FIR stands terminated. Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) Manoj Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Nov 05 02:29:49 IST 2015