Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1169 (GUJ)

Nilesh Kantilal Leuva v. State of Gujarat

2017-07-03

A.J.DESAI

body2017
ORDER : A.J. DESAI, J. Mr. Imran Pathan, learned advocate states that he has received instruction to appear on behalf of respondent No. 2-original complainant and he may be permitted to file his appearance in the matter. He is permitted to file his appearance. He has identified the complainant, who is present in the Court. 2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today. 3. Rule. Mr. Rakesh Patel, learned APP waives service of Rule on behalf respondent No. 1 - State of Gujarat and Mr. Ankit B. Pandya, learned advocate waives service of Rule on behalf of respondent No. 2 - original complainant. 4. By way of the present application under Section - 482 of the Code of Criminal Procedure, 1973, the applicant - original accused person, has prayed for quashing of the FIR registered at CR No. I - 168 of 2014 dated 26.08.2014 before Bapunagar Police Station, Ahmedabad filed against him for the offenses punishable under Sections 406 and 420 of the Indian Penal Code and subsequent proceedings thereof, i.e. charge sheet being Criminal Case No. 1147/2014 pending in Ld. Add. Chief Metropolitan Magistrate's Court No. 14, on the ground that the matter is of private nature and dispute has already been settled between the parties. 5. Mr. Imran Pathan, learned advocate has identified respondent No. 2 - original complainant, who is present in the Court. Learned advocate would further submit that the dispute between the/parties has been amicably settled; he does not have any grievance against the applicant and, therefore, he has no objection, if the impugned FIR is quashed against the applicant - accused. 6. The affidavit dated 15.06.2017 filed by the original complainant is taken on record, which reads as under: “I, Alpeshbhai Virjibhai Patel, Age 32 years, Occp. Business, Residing at B/39, Matrushir Society, India Colony Road, Bapunagar, Ahmedabad and the resp. 2 herein do hereby file this affidavit in support of oath as under: 1. That I have lodged complaint being C.R No. I - 164/2014 registered with Bapunagar Police Station, Ahmedabad for the offences u/s 406 and 420 of IPC dated 26.08.2014 and aforesaid applicant has preferred present application for quashing of said FIR and charge sheet subsequently occasioned before this Hon'ble Court. 2. That I have lodged complaint being C.R No. I - 164/2014 registered with Bapunagar Police Station, Ahmedabad for the offences u/s 406 and 420 of IPC dated 26.08.2014 and aforesaid applicant has preferred present application for quashing of said FIR and charge sheet subsequently occasioned before this Hon'ble Court. 2. That now the disputes between me and the applicants are settled by intervention of friends, family and community leading members. And I don't have any disputes with the applicant since both do not want to continue with said criminal case No. 1147/2014 pending in the court of Ld. Metropolitan Magistrate's Court, Court No. 14, Ahmedabad. And for the same, we have entered into the present compromise as both the side are very young. 3. That was no previous enmity between both the side and both the side have settled the issues; therefore, I would not like to proceed in the matter further and I would be obliged if the complaint and the charge sheet filed therein may be quashed by this Hon'ble Court. I say that the presently the case is pending for the committal before the Ld. Metropolitan Magistrate's Court No. 3, Ahmedabad. 4. That we are belonging to same caste and community and by intervention of family of both the side we have settled all the issues and grudges with the applicants. 5. I am well to do to sworn present affidavit and the present affidavit is filed without any favour or fear and translated me in Gujarati Language. I am also not pressurised to file the same as the dispute is now settled between us by intervention of friends and family members outside the Court, therefore also I would not like to proceed further said complaint therefore I am giving my consent and no objection as the offence has been settled between us therefore the above said FIR and charge sheet and pending case may kindly be quashed and set aside by this Hon'ble Court in the interest of justice and I am giving my consent and no objection thereto. I say that the above submissions are made upon my instructions and translated and explained in Hindi/Gujarati to me and the same are true to my knowledge, information and belief and without fear or pressure and I understand the same.” 7. I say that the above submissions are made upon my instructions and translated and explained in Hindi/Gujarati to me and the same are true to my knowledge, information and belief and without fear or pressure and I understand the same.” 7. Considering the aforesaid aspects that the dispute between the parties has been settled amicably and complainant does not want to pursue his complaint and in view of the decision of the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab, as reported at (2012) 10 SCC 303 , in my opinion, the present application requires consideration. Hence, the present application is allowed. The impugned FIR registered at CR No. I - 168 of 2014 dated 26.08.2014 before Bapunagar Police Station, Ahmedabad filed against him for the offenses punishable under Sections 406 and 420 of the Indian Penal Code and subsequent proceedings thereof, i.e. charge sheet being Criminal Case No. 1147/2014 pending in Ld. Add. Chief Metropolitan Magistrate's Court No. 14, are hereby quashed and set aside. Rule is made absolute accordingly. Direct Service is permitted.