Gujarat High Court
Shravankumar Ramdas Bansal vs State Of Gujarat on 30 November, 2022
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
R/CR.MA/15980/2020 ORDER DATED: 30/11/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15980 of 2020
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SHRAVANKUMAR RAMDAS BANSAL & 1 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1,2
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 2
MS VRUNDA C SHAH, ADDITIONAL PUBLIC PROSECUTOR for
the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 30/11/2022
ORAL ORDER
1. By way of present application, the applicants herein have prayed for quashing of FIR being I- C.R. No.11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 and 201 of Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act along with all the further consequential proceedings.
2. Pending the present application, Mr. Suraj A. Page 1 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 Shukla, learned advocate appearing for the applicants and Mr. Jeet Y. Rajyaguru, learned advocate appearing for the respondent No.2 - Original Complainant jointly submitted that the parties have arrived at an amicable settlement.
3. An affidavit filed by the respondent No.2 - original complainant on 12.10.2020 is duly produced on record at Annexure-B, page No.29 and the said affidavit reads thus :-
"I, Sandeep himmatlal Udani, Aged; 30 Years, Residing at ; C/22, Nandanvan Township, Opp. Ramayan Park Appartment, Navagam Dindoli Road, Udhana, Surat, Gujarat one of the witness/victim in the captioned matter, do hereby solemnly affirm and state on oath as under;
1. I say and submit that I am one of the victim/witness in the FIR bearing I-Cr. No. 11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act which is the subject matter of the captioned application.
2. I state on oath and submit that the entire dispute between me and the Petitioner herein is amicably settled and now no dispute or misunderstanding Page 2 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 survives between us.
3. I further state and submit that all the dispute between us is or now clarified and therefore I give my consent and have no objection if the impugned FIR' bearing I-Cr. No. 11211000S201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act is quashed and set aside by this Hon'ble Court along with all the consequential proceedings as prayed for by the Petitioner.
4. I further state on oath and submit that now, after regaining peace of mind, this affidavit is affirmed in the larger interest of the parties, coupled with the fact that due to the intervention/indulgence of some common friend(s)/persons, the dispute is now amicably resolved and as such the matter is now amicably settled between the undersigned and the present petitioner, and now as such there is no heart burning or any dispute whatsoever in the said regard.
5. In view of the above mentioned facts and circumstances of the case, I have no objection if this Hon'ble Court may be kind enough to quash and set aside the complaint/FIR filed by the undersigned bearing I-Cr. No. 11210005201287 of 2020 dated O7.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120@), 114 & 201 of The Indian Penal Code, 1860 and Page 3 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 under Section 66(d) of the Information Technology Act along with all the consequential proceedings.
6. Lastly, I state and submit that now as such the difference between the deponent and the present Petitioner is resolved and the undersigned does not wish to proceed against the present Petitioners in the present case, therefore no purpose would be served by conducting the trial before the Concerned Trial Court and it would unnecessarily waste precious time of the Hon'ble Court.
7. Therefore, in view of the facts and circumstances as stated above, I most humbly urge the Hon'ble Court to kindly quash and set aside the FIR bearing I-Cr. No. 11210005201 287 of 2020 dated O7.08.20Z20 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act along with all the consequential a proceedings.
8. I state that this affidavit is filed by me with sound mind, free consent and without any sort of pressure whatsoever and the statements made hereinabove are true and correct to the best of my knowledge and belief and I believe the same to be true;
Solemnly affirmed at Surat on this 12th day of October, 2020"
4. An affidavit filed by the victim on 12.10.2020 is duly produced on record at page No.36 and the Page 4 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 said affidavit reads thus :-
"AFFIDAVIT ON BEHALF OF THE VICTIM I, Tejaskumar Rameshbhai Patel, Aged; 36 Years, Residing at; Nanakodiwad, Maroli Bajar, Chhinam, Navsari, Gujarat one of the witness/victim in the captioned matter, do hereby solemnly affirm and state on oath as under;
1. I say and submit that I am one of the victim/witness in the FIR bearing 1-Cr. No. 11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act which is the subject matter of the captioned application.
2. I state on oath and submit that the entire dispute between me and the Petitioner herein is amicably settled and now no dispute or misunderstanding survives between us.
3. I further state and submit that all the dispute between us is now clarified and therefore I give my consent and have no objection if the impugned FIR bearing 1- Cr. No. 11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act is quashed and set aside by this Hon'ble Court along with all the consequential proceedings as prayed for by Page 5 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 the Petitioner.
4. I further state on oath and submit that now, after regaining peace of mind, this affidavit is affirmed in the larger interest of the parties, coupled with the fact that due to the intervention/indulgence of some common friend(s)/persons, the dispute is now amicably resolved and as such the matter is now amicably settled between the undersigned and the present and now as such there is no heartburning or any dispute whatsoever in the said regard.
5.In view of the above mentioned facts and circumstances of the case, I have no objection if this Hon'ble Court may be kind enough to quash and set aside the complaint/F.I.R. filed by the undersigned bearing 1-Cr. No. 11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act along with all the consequential proceedings.
6. Lastly, I state and submit that now as such the difference between the deponent and the present Petitioner is resolved and the undersigned does not wish to proceed against the present Petitioners in the present case, therefore no purpose would be served by conducting the trial before the Concerned Trial Court and it would unnecessarily waste precious time of the Hon'ble Court.
7. Therefore, in view of the facts and circumstances as stated above, I most Page 6 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 humbly urge the Hon'ble Court to kindly quash and set aside the F.I.R. bearing I- Cr. No. 11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120b), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act along with all the consequential proceedings.
8. I state that this affidavit is filed by me with sound mind, free consent and without any sort of pressure whatsoever and the statements made hereinabove are true and correct to the best of my knowledge and belief and I believe the same to be true.
Solemnly affirmed at Surat on this 12th day of October, 2020"
4.1 Identical affidavits are filed by the other 17 victims wherein it is stated that the parties have arrived at an amicable settlement and that they have no objection if the impugned FIR is quashed and set aside, which is duly produced on record at Annexure-B, page Nos.29 to 188.
5. Mr. Jeet Y. Rajyaguru, learned advocate appearing for the respondent No.2 submitted that the respondent No.2 - original complainant has Page 7 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 no objection if the impugned FIR is quashed and set aside against the present applicants.
6. Ms. Vrunda C. Shah, the learned Additional Public Prosecutor appearing for the respondent - State has no objection if the impugned FIR is quashed and set aside and it is verified by the concerned respondent authorities, no fruitful purpose would be served if the trial is continued and that appropriate order be passed by the Court.
7. Having heard the learned advocates appearing for the respective parties and considering the facts of settlement and law laid down by the Apex Court [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) Page 8 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 Crime 67 (SC),] this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned F.I.R. would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, to secure the ends of justice, the impugned F.I.R. is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
8. Considering the submissions canvassed by the learned advocates appearing for both the sides that the parties have arrived at an amicable settlement, affidavit of the respondent No.2 - original complainant and the affidavit of the victim that he has no objection if the impugned complaint is quashed and set aside as the parties have arrived at an amicable settlement, in view of above the FIR being I-C.R. No.11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat Page 9 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022 R/CR.MA/15980/2020 ORDER DATED: 30/11/2022 for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 and 201 of Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act against present applicants is hereby quashed and set aside and any further proceedings consequent to the aforesaid FIR qua the present applicants shall stands terminated.
9. The aforesaid order is passed with the consent of learned advocates appearing for respective sides and facts and circumstances of the present case.
10. The present application stands allowed accordingly. Rule is made absolute. Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) Pallavi Page 10 of 10 Downloaded on : Sat Dec 24 01:05:41 IST 2022