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2017 DIGILAW 1171 (GUJ)

Ashok Dhanraj Bhatti v. State of Gujarat

2017-07-03

A.J.DESAI

body2017
ORDER : A.J. DESAI, J. Mr. Jucky Lucky Chan, learned advocate is permitted to file his appearance on behalf of the respondent No. 2 - original complainant. 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. Learned Public Prosecutor waives service of notice of Rule on behalf respondent No. 1 - State of Gujarat and Mr. Sevak, 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 applicants - original accused persons, have prayed for quashing of the FIR registered at CR No. I - 64 of 2017 dated 14.03.2017 before Vejalpur Police Station, Ahmedabad filed against them for the offenses punishable under Sections 323, 324, 325, 143, 147, 148, 149 and 294(B) etc. of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act and subsequent proceeding if any, on the ground that the matter has been settled between the parties amicably with the help of the relatives and elder persons of the society. 5. Mr. Jucky Lucky Chan, learned advocate for the respondent No. 2 - original complainant submitted that the dispute between the parties has been amicably settled with the help of the relatives and elder persons of the society; he does not have any grievance against the applicants and, therefore, he has no objection if the impugned FIR is quashed against the applicants - accused. He further states that in this matter, cross-complaint is filed but the matter in the cross-complaint is also listed today for quashing on the ground of consent. 6. The affidavit 17.06.2017 filed by the original complainant is taken on record, which reads as under: “I, Dayaben w/o Vinodbhai Gelabhai Parmar, aged about 45 years, religion Hindu, the respondent No. 2 hereby solemnly on affirm and state on the oath that: 1. I state and submit that I am the original complainant of FIR being I-C.R No. 64 of 2017 dated 14.03.2017 registered with Vejalpur Police Station, District Ahmedabad for the offences punishable under Sections 323, 324, 325, 143, 147, 148, 149 and 294(B) etc. I state and submit that I am the original complainant of FIR being I-C.R No. 64 of 2017 dated 14.03.2017 registered with Vejalpur Police Station, District Ahmedabad for the offences punishable under Sections 323, 324, 325, 143, 147, 148, 149 and 294(B) etc. of the Indian Penal Code, 1860 read with under Section 135(1) of the Gujarat Police Act. It is further submitted that the IO has further filed a report to add section 3(1)(R) of the Atrocities Act, against the present petitioners for which present proceedings is filed. 2. I state and submit that I have given FIR against the present petitioner of above alleging sections on 14.03.2017 3. I state and submit that after filing of the complaint the dispute between us had been settled amicably with the help of relatives and elder persons of the society and now there is no ill-will and grievance amongst us. 4. I further state and submit that the dispute between us occurred on account of misunderstanding and misconception and the same is sought it out under these set of circumstances, and I earnestly urge this Hon'ble Court to terminate the proceeding as prayed for by the petitioners in the interest of justice and if the proceeding are terminated then I have no objections. 5. I state and submit that I do no want to proceed further and I am will to withdraw the FIR being 64 of 2017 dated 14.03.2017 registered with Vejalpur Police Station, District Ahmedabad and this Hon'ble Court may quash and set aside the same then I have no objection. 6. I state and submit that I am making this affidavit with my free will and consent and without any pressure from any own. What is stated hereinabove is true to the best of my knowledge, information and belief and I believe the same to be true and correct.” 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. Hence, the present application is allowed. The impugned FIR registered at CR No. I - 64 of 2017 dated 14.03.2017 before Vejalpur Police Station, Ahmedabad filed against them for the offenses punishable under Sections 323, 324, 325, 143, 147, 148, 149 and 294(B) etc. of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act and subsequent proceeding if any, are hereby quashed and set aside. Rule is made absolute accordingly. Direct Service is permitted. 8. In case of any difficulty, it would be open for the injured Chandaben to file application for reviving the present application.