Gujarat High Court
Asif @ Asif Mehmoob Miya Shaikh & 3 vs State Of Gujarat & on 3 March, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/4232/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4232 of 2015
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ASIF @ ASIF MEHMOOB MIYA SHAIKH & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR HARDIK A DAVE, ADVOCATE for the Applicant(s) No. 1 - 4
MR LB DABHI, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 03/03/2015
ORAL ORDER
1 Mr. Pawan Barot, learned advocate states that he has instructions to appear on behalf of the private respondent and he shall file his appearance in the matter on or before 05.03.2015.
2 Rule. Mr. L.B. Dabhi, learned Additional Public Prosecutor wavies service of notice of Rule for respondent No.1 and Mr. Pawan Barot, learned advocate waives service of notice of Rule for respondent No.2.
3 With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today since the matter is amicably settled between the parties.
4 By way of the present application under Section 482 of the Code of Criminal Procedure, 1973, the applicant original accused, has prayed Page 1 of 4 R/CR.MA/4232/2015 ORDER to quash and set aside the First Information Report being C.R. No.I16 of 2015 registered with the Mahidharpura Police Station District Surat City for the offence punishable under Sections 392, 324, 323, 506(2), 114, 188 of the Indian Penal Code and Section 3(1)10 of the Atrocity Act on the ground that the dispute has been amicably settled between them outside the court and, therefore, the complainant has no objection for quashing of the impugned FIR and all other proceedings initiated pursuant thereto.
5 Mr. Hardik Dave, learned advocate appearing for the applicants placed reliance on the decision of the Honble Apex Court in case of Gian Singh versus State of Punjab & Anr. reported in 2012(10)SCC 303 and submitted that since the matter is settled and all the grievance raised in the FIR do not exist, there is no need to proceed further with the trial with regard to the FIR.
6 Mr. Pawan Barot, learned advocate appearing on behalf of the original complainant, on instruction received from the original complaint, who is present in the Court and who has been identified by him, states that whatever submissions have been made by the applicants, are true and affidavit on behalf of the original complainant has been filed. He states that the original complainant has no objection, if the impugned FIR is quashed.
7 Mr. L.B. Dabhi learned Additional Public Prosecutor appearing for respondent State of Gujarat would submit that even though settlement/compromise has been arrived at between the parties, the FIR cannot be quashed. He has relied upon the judgement delivered in the case of Gian Singh (supra) and submitted that the Court should not exercise the power u/s.482 of the Code. Hence, the present application Page 2 of 4 R/CR.MA/4232/2015 ORDER may be dismissed.
8 I have heard learned advocate appearing on behalf of the respective parties and perused the FIR and the affidavit dated 26.02.2015 filed by the original complainant, namely Sanjaybhai, which reads as under:
"I say and submit that as due to interference of the respected members of the society and family mutual understanding and agreement is arrived between me and original accused persons in the above said F.I.R. ie. Asif @ Asif Mehboob Miya Shaikh and others i.e. applicants/accused and now I don't have any grievance with them.
I further state that as such now I intend that I have no objection if the F.I.R. is quashed filed against Asif @ Asif Mehboob Miya Shaikh and others applicant/accused."
8.1 The affidavit dated 26.02.2015 is also filed by the injured person namely Amrutlal Parmanand Dodiya which reads is as under:
"I say and submit that as due to interference of the respected members of the society and family mutual understanding and agreement is arrived between me and original accused persons in the above said F.I.R. ie. Asif @ Asif Mehboob Miya Shaikh and others i.e. applicants/accused and now I don't have any grievance with them.
I further state that as such now I intend that I have no objection if the F.I.R. is quashed filed against Asif @ Asif Mehboob Miya Shaikh and others applicant/accused."
9 Considering the aforesaid aspects that the dispute between the parties has been settled amicably between the parties and the complainant does not want to pursue the complaint any more and in view of the decisions of the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and Anr, as reported in (2012) 10 SCC 303, in my Page 3 of 4 R/CR.MA/4232/2015 ORDER opinion, the present application requires consideration. Hence, the present application is allowed. The impugned F.I.R. being C.R. No.I16 of 2015 registered with the Mahidharpura Police Station District Surat City for the offence punishable under Sections 392, 324, 323, 506(2), 114, 188 of the Indian Penal Code and Section 3(1)10 of the Atrocity Act and all other proceedings initiated pursuant thereto are hereby quashed and set aside qua the present applicants. Rule is made absolute accordingly. Direct Service is permitted.
(A.J.DESAI, J.) chandresh Page 4 of 4