Karni Singh Bhavarsha Bargujar vs State Of Gujarat on 20 October, 2020

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Gujarat High Court

Karni Singh Bhavarsha Bargujar vs State Of Gujarat on 20 October, 2020

Bench: Vipul M. Pancholi

         R/CR.MA/5600/2020                                          ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 5600 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5026 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5107 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5004 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5108 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5165 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5159 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5161 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5524 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5166 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5162 of 2020
                          With
      R/CRIMINAL MISC.APPLICATION NO. 5739 of 2020
=======================================================
             KARNI SINGH BHAVARSHA BARGUJAR
                         Versus
                    STATE OF GUJARAT
=======================================================
Appearance:
MR AFTABHUSEN ANSARI(5320) for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
MR RK MANSURI for the Respondent(s) No. 2
=======================================================
     CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
                      Date : 20/10/2020
                      COMMON ORAL ORDER

1. Rule. Learned APP, Mr. Ronak Raval for respondent no.1 - State and learned advocate, Mr. R.K. Mansuri for respondent no.2 - Original Complainant waive service of notice of Rule, in all the applications.

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R/CR.MA/5600/2020 ORDER

2. Heard learned advocate, Mr. Aftabhusen Ansari for the applicants, learned APP, Mr. Ronrak Raval for respondent no.1 - State and learned advocate, Mr. R.K. Mansuri for respondent no.2 - Original Complainant in the applications.

3. With the consent of learned advocate for the applicants and learned advocate for respondents, present application is taken up for final disposal today and since the common issue is involved in all the applications, the applications are disposed of by this common order.

4. By way of the present applications under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicants pray for quashing and setting aside the FIR being C.R. No.I-11209016200112 of 2020 registered with Himmatnagar 'A' Division Police Station, District Sabarkantha, for the offence punishable under Section 306 of the Indian Penal Code.

5. Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application.

6. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement of dispute duly signed by the respondent No.2 - complainant, copy of which is placed on record in each application.

7. Respondent No.2 - original first informant is also present in the office of learned advocate Mr.R.K. Mansuri. When inquired, it is submitted by Page 2 of 3 Downloaded on : Tue Oct 20 22:37:48 IST 2020 R/CR.MA/5600/2020 ORDER respondent No.2 - original first informant that the matter is settled out of the Court and, therefore, if the FIR is quashed and set aside, he has no objection.

8. Learned Additional Public Prosecutor has verified the aspect of settlement between the parties through the concerned Investigating Officer .

9. Since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties which is confirmed by the original complainant through their learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned FIR is required to be quashed and set aside.

10. Resultantly, the applications are allowed. The impugned FIR being C.R. No.I-11209016200112 of 2020 registered with Himmatnagar 'A' Division Police Station, District Sabarkantha and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicants.

11. Rule is made absolute to the aforesaid extent, in the applications. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(VIPUL M. PANCHOLI, J) SRILATHA Page 3 of 3 Downloaded on : Tue Oct 20 22:37:48 IST 2020

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