Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 771 (GUJ)

Junaid Abbasbhai Sarvaiya v. State of Gujarat

2017-04-10

J.B.PARDIWALA

body2017
JUDGMENT : J.B. Pardiwala, J. 1. Rule returnable forthwith. Ms. Pathak, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No. 1-State of Gujarat. Mr. Aameer R. Kadri, the learned advocate, has entered appearance on behalf of the respondent No. 2-original complainant and waives service of notice of rule. 2. By this application under section 482 of the Code of Criminal Procedure, 1973, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being II C.R. No. 180 of 2017 lodged before the Nilambaug Police Station, Bhavnagar of the offence punishable under sections 323, 504, 506(2) read with section 114 of the Indian Penal Code and section 135 of the G.P. Act on the ground that there has been an amicable settlement between the parties and the respondent No. 2-original complainant is no longer desirous of prosecuting the first information report further. The respondent No. 2-Yasinbhai Yunusbhai Unnad is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No. 2-Yasinbhai Yunusbhai Unnad is identified by his learned advocate Mr. Aameer R. Kadri. Shri Yasinbhai Yunusbhai Unnad has also filed an affidavit, inter alia, stating as under: "1. I am the respondent No. 2-orig. Complainant in the memo of petition and Im fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit. 2. I say that I have gone through the memo of petition and the facts stated in the memo of petition are not disputed by me. At the outset, I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioner any further with respect to the FIR registered as C.R. No. II-180/2017 with Nilambaug Police Station, Bhavnagar for the offences punishable u/s. 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 as well as proceedings arising therefrom. 3. I say and submit that after lodging the impugned FIR, I realized that a minor dispute has taken a massive shape. 3. I say and submit that after lodging the impugned FIR, I realized that a minor dispute has taken a massive shape. After filing the impugned FIR, I realized the nature of hardships and inconvenience, socially and mentally, it will cause to both the sides, if the criminal proceedings continue and both the sides are subjected to rigors of criminal trial, it will immensely affect our future prospects of better life. 4. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating ton oath that I do not wish to prosecute the criminal proceedings against the petitioners as the dispute between us has been amicably settled. I state that the complaint filed by me being FIR registered as C.R. No. II-180 of 2017 with Nilambaug Police Station, Bhavnagar for the offences punishable u/s. 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 as well as all proceedings arising therefrom may be quashed in the interest of justice. What is stated hereinabove is true to the best of my personal knowledge information and belief and I believe the same to be true and correct. Solemnly affirmed at Ahmedabad on this 4th day of April, 2017." 3. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report. 4. In the result, this application is allowed. The first information report being II C.R. No. 180 of 2017 lodged before the Nilambaug Police Station, Bhavnagar is hereby ordered to be quashed. All consequential proceedings arising from the same also stand terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Aameer R. Kadri, the learned advocate appearing on behalf of the respondent No. 2. Application Allowed.