Gujarat High Court
Niketkumar Nagindas Shah vs State Of Gujarat & on 22 December, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/24423/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 24423 of 2015
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NIKETKUMAR NAGINDAS SHAH....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR DHRUV K DAVE, ADVOCATE for the Applicant(s) No. 1
MR. HK PATEL, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 22/12/2015
ORAL ORDER
1. Rule returnable forthwith. Mr. Patel, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Mahitosh Singh, the learned advocate waives service of notice of rule for and on behalf of the respondent No.2 original first informant.
2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicantoriginal accused seeks to invoke the inherent powers of this Court praying for quashing of the F.I.R. being C.R.No.I124 of 2015 filed before the Vartej Police Station, District Bhavnagar, for the offence punishable under Sections279, 337 & 338 of the I.P.C. and Sections177, 184 & 134 of the Motor Vehicles Act.
3. Today when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the parties that an Page 1 of 3 HC-NIC Page 1 of 5 Created On Wed Jan 20 01:58:24 IST 2016 1 of 5 R/CR.MA/24423/2015 ORDER amicable settlement has taken place and the quashing of the FIR is prayed for with the consent of the respondent No.2 viz.Imranbhai Mohammadbhai Sheikh. He has also filed an affidavit, confirming about the settlement. The affidavit reads thus: I, Imranbhai Mohammadbhai Sheikh, aged: about 38 years, Mohammadan by religion, Occupation: Business, residing at:
Machiwada, opp. Madarchani village Dhodha, Ta: Bhavnagar, Dist:
Bhavnagar, the respondent No.2 herein states as follows:
1. I respectfully submit that I am the original complainant in the offence registered as IC.R.No.124 of 2015 registered with Vartej Police Station, Bhavnagar.
2. I submit that I have amicably settled the matter by way of compromise with applicants/ accused person and hereby undertakes to withdraw all the litigations namely FIR IC.R. No.124 of 2015 registered with Vartej Police Station, Bhavnagar against the applicant.
3. I respectfully say that the dispute between us is resolved and there is no surviving grievance. The settlement arrived between us would be binding to me/my legal representative with respect to this offence i.e. FIR being IC.R. No.124 of 2015 registered with Vartej Police Station, Bhavnagar for all time to come in future. I have settled this matter without any coercion or force from the applicant/accused person.
4. I respectfully submit that I am withdrawing all allegations alleged by me with respect to this offence i.e. IC.R.No.124 of 2015 registered with Vartej Police Station, Bhavnagar and further my consent for quashing of the said crime and all other criminal proceedings pursuant to the said FIR before this Hon'ble Court.
5. I submit that I have no objection if the said F.I.R. is quashed by this Hon'ble Court by way of allowing the present application.
6. I submit that I have settled the dispute with the applicant and therefore in the interest of justice and to lessen the hardship of the parties, I agree to quash the F.I.R. registered as IC.R.No.124 of 2015 registered with Vartej Police Station, Bhavnagar under Sections 279, 337 and 338 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and section 177, 184 and 134 of the Motor Vehicles Act as well as all other criminal proceedings pursuant to the said F.I.R. in light of the judgment of the Hon'ble Apex Court.Page 2 of 3
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2 of 5 R/CR.MA/24423/2015 ORDER What is stated herein above is true to the best of my knowledge and belief and I believe the same to be true.
Solemnly affirmed at Ahmedabad on this 22nd day of December, 2015."
4. Taking into consideration the nature of the dispute and the fact that the parties have amicably settled the dispute, no useful purpose would now be served to allow the police to continue with the investigation. The affidavit filed by the respondent no.2original first informant is ordered to be taken on record.
5. In the result, this application is allowed. The F.I.R. being C.R.No.I 124 of 2015 filed before the Vartej Police Station, DistrictBhavnagar, is hereby ordered to be quashed. All consequential proceedings pursuant thereto shall stand terminated.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
aruna
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R/CR.MA/24423/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 24423 of 2015 [On note for speaking to minutes of order dated 22/12/2015 in R/CR.MA/24423/2015 ] ========================================================== NIKETKUMAR NAGINDAS SHAH....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ========================================================== Appearance:
MR DHRUV K DAVE, ADVOCATE for the Applicant(s) No. 1 MR. MAHITOSH U SINGH, ADVOCATE for the Respondent(s) No. 2 MR. SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 19/01/2016 ORAL ORDER
1. By this note for speaking to minutes filed by the original petitioner, it has been pointed out that in the cause title, the name of the petitioner has been shown as Niketkumar Nagindas Shah, but in fact the correct name is Niketkumar Ashwinkumar Shah. The learned counsel appearing for the petitioner shall amend the cause title accordingly, and after such amendment is carried out, the Registry shall effect the necessary correction and issue a fresh writ of the order.
2. With the above, the note is disposed of.Page 1 of 2
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