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2018 DIGILAW 204 (GUJ)

KRUNALKUMAR ROHITBHAI PATEL v. STATE OF GUJARAT

2018-01-22

J.B.PARDIWALA

body2018
JUDGMENT : 1. Rule returnable forthwith. Mr. Devnani, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat Mr. Kunal Bhavsar, 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 I C.R. No.167 of 2017 lodged before the Prantij Police Station, Sabarkantha of the offence punishable under sections 143, 147, 148, 149, 323, 364, 395 & 506(2) of the Indian Penal Code on the ground that there has been an amicable settlement between the parties and the respondent No.3-original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2-Vinubhai Amichandbhai Patel is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2-Vinubhai Amichandbhai Patel is identified by his learned advocate Mr. Kunal Bhavsar. Shri Vinubhai Amichandbhai Patel has also filed an affidavit, inter alia, stating as under: “I, Vinubhai Amichandbhai Patel, Aged: 49 years, Occupation: Advocate, Residing at village Vadvasa, Tehsil: Prantij, District: Sarbarkantha, solemnly affirm on oath as under:- 1. That I am the original complainant in C.R. No.I-167 of 2017 registered with Prantij Police Station, District: Sabarkantha in the matter. 2. It is submitted that I have no any dispute with the present petitioners and I am not inclined to pursue the criminal case against the present petitioners and hence I have no any objection if this Honourable Court is inclined to quash and set aside the criminal complaint being C.R. No.I-167 of 2017 registered with Prantij Police Station, District: Sabarkantha. Whatever stated herein above is true and correct to the best of my knowledge and belief. Solemnly affirmed at Ahmedabad on this 16th day of January, 2018.” 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. 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 I C.R. No.167 of 2017 lodged before the Prantij Police Station, Sabarkantha is hereby ordered to be quashed. All consequential proceedings arising from the same also stands terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Kunal Bhavsar, the learned advocate appearing on behalf of the respondent No.2. Direct service is permitted.