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2017 DIGILAW 1173 (GUJ)

Jashvantsinh Ranaji Vaghela v. State of Gujarat

2017-07-03

A.J.DESAI

body2017
ORDER : A.J. DESAI, J. Mr. Pritesh Parikh, 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 within a period of four days. 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. Pritesh Parikh, 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 - 38 of 2016 dated 28.05.2016 before Kanbha Police Station, Ahmedabad (Rural) filed against them for the offenses punishable under Sections 465, 467, 468, 471 and 120(B) of the Indian Penal Code and subsequent proceedings thereof being Criminal Case No. 8774 of 2016 pending in the Court of the learned Judicial Magistrate, First Class, Ahmedabad at Mirzapur on the ground that the matter is of private nature and dispute has already been settled between the parties. 5. Mr. Pritesh Parikh, 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 applicants and, therefore, he has no objection, if the impugned FIR is quashed against the applicants - accused. 6. The affidavit dated 11.05.2015 filed by the original complainant is taken on record, which reads as under: “I, Kanubhai Chauhan, S/o of Gulabsinh Chauhan, Aged: Adult, Resident of village: Gatrad, Taluka Daskroi, District: Ahmedabad, the respondent No. 2 herein, do hereby state on solemn affirmation as under: 1. I say and submit that I have filed FIR bearing C.R No. I-38/2015 with Kanaba Police Station, District Ahmedabad on 28.05.2016 for the alleged commission of offences under Sections 465, 467, 468, 471 and 120(B) of the Indian Penal Code. 2. I, however, say and submit that in the said matter, amicable settlement has been arrived at between the parties because of the intervention of imminent persons. 2. I, however, say and submit that in the said matter, amicable settlement has been arrived at between the parties because of the intervention of imminent persons. I, therefore, say and submit that in view of the said settlement arrived at between the parties, I have no objection if the impugned FIR may be quashed and set aside by this Hon'ble Court. I am ready and willing to remain present before this Hon'ble Court in case of necessity. 3. What is stated herein above 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. The impugned FIR registered at CR No. I - 38 of 2016 dated 28.05.2016 before Kanbha Police Station, Ahmedabad (Rural) filed against the applicants for the offenses punishable under Sections 465, 467, 468, 471 and 120(B) of the Indian Penal Code and subsequent proceedings thereof being Criminal Case No. 8774 of 2016 pending in the Court of the learned Judicial Magistrate, First Class, Ahmedabad at Mirzapur are hereby quashed and set aside. Rule is made absolute accordingly. Direct Service is permitted.