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2016 DIGILAW 2174 (GUJ)

Mihir Girdharbhai Patel v. State of Gujarat

2016-11-18

A.Y.KOGJE

body2016
ORDER : A.Y. Kogje, J. This petition is filed for quashing of FIR being CR No.I-322 of 2012 registerd with Naroda Police Station for offence under Sections 397, 294(B) of the Indian Penal Code and Section 135(1) of the Gujarat Police Act. This FIR is filed against 7 accused persons, of whom 3 are named. This petition is filed by original accused Nos. 2 and 3. 2. The basis of filing the present petition is the compromise arrived between the petitioners and complainant-Manojbhai Kanubhai Vyas. 3. This Court in its order dated 29.08.2013 has observed that the dispute is amicably settled and respondent No. 2-original complainant is no longer interested in prosecuting the petitioners. Thereafter, while issuing Rule on 31.03.2014, further proceedings pursuant to the impugned charge sheet were stayed. 4. The present case has been listed time and again before this Court and despite service of Rule, respondent No. 2 has not appeared either in person or through an Advocate before this Court. 5. On the last occasion, learned APP had sought time for verifying the fact of compromise being on record before the Investigating Agency. Today, in response, learned APP Mr. Dabhi tenders on record statement recorded on 16.11.2016 of respondent No. 2-complainant. In the statement recorded, he has stated that no animosity now subsists between the parties and that he has produced the notarized affidavit to indicate that the golden chain and cash, which form the subject matter of the FIR have been recovered by his wife just outside their house and therefore, he has shown his willingness to voluntarily approach any authority to confirm this aspect. 6. Considering the aforesaid fact and development, this Court is of the view that no useful purpose would be served in further prosecuting the petitioners in connection with the FIR in question, more particularly on account of nature of recitals in the affidavit of the complainant and the fact that the complainant, from his persistent absence, has demonstrated lack of interest in further prosecuting his complaint. 7. In view of the aforesaid, FIR being CR No.I-322 of 2012 registered with Naroda Police Station, Ahmedabad is quashed. Rule is made absolute to the aforesaid extent. 8. In the facts of the case, petitioners are directed to deposit a sum of Rs. 10,000/- with the High Court Legal Aid Committee. 9. Direct service is permitted.