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2018 DIGILAW 288 (GUJ)

PRAFULBHAI BABULAL KANERIA v. STATE OF GUJARAT

2018-01-29

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. Nirad Buch, 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 petitioner seeks to invoke the inherent powers of this court, praying for quashing of the first information report being I C.R. No. 15 of 2018 lodged before the City ‘B’ Division Police Station, Junagadh of the offence punishable under sections 186, 323 and 332 of the Indian Penal Code 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-Jay Kanaiyalal Kansagara is personally present and he confirms about the settlement arrived at with the accused person. The respondent No.2- Jay Kanaiyalal Kansagara is identified by his learned advocate Mr. Nirad Buch. Shri Jay Kanaiyalal Kansagara has also filed an affidavit, inter alia, stating as under: “I, Jay Kanaiyalal Kansagara, aged about 34 years, working as Medical Officer, Civil Hospital, Junagadh and residing at Junagadh Dwariuka Platinum Apartment, Block No.2, Near Eklavya School, Zanzarda Road, Junagadh do hereby solemnly affirm and state on oath as under:- 1. That I have filed complaint being CR No. I 15 of 2018 with the City B Division Police Station, Junagadh against the accused Prafullbhai Kaneria, Assistant Commissioner, Maha Nagar Palika, Junagadh. 2. I say that there is no enmity between myself and the petitioner Prafullbhai Kaneria. I say that I have entered into a settlement with the petitioner as he is known to me since many years past and we are residing in the same locality. I say and submit that in order to maintain peace and harmony amongst each other is the main criteria to arrive at a settlement with the petitioner. I say and submit that I have settled the matter with him and I do not wish to proceed further with the complaint filed by me against him. 3. I say and submit that in order to maintain peace and harmony amongst each other is the main criteria to arrive at a settlement with the petitioner. I say and submit that I have settled the matter with him and I do not wish to proceed further with the complaint filed by me against him. 3. I say and submit that after lodging of the FIR, I realized that a minor dispute has taken a massive shape and It was later on realized that the petitioner out of humanitarian concern to save the lives of the persons has acted in haste. I also realized the nature of hardship and inconveniences socially and mentally which will cause to both of us and continuation of the criminal proceedings will put us both in rigors which would immensely affect our social life and routine. The petitioner has not created any hindrance in performance of my duty and considering the fact that the petitioner being an honest officer of the city, I do not wish to continue with the complaint any more. 4. I am filing this affidavit on my own and free will and I do not wish to prosecute the criminal proceedings against the petitioner as the dispute between us is settled amicably. I hereby give my consent and no objection, if the complaint being CR No.I-15 of 2018 lodged with City B Division Police Station, Junagadh is quashed and set aside, along with any other further proceedings in the facts narrated herein above. Solemnly affirmed at Junagadh on this 23rd 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. The first information report being I C.R. No.15 of 2018 lodged before the City ‘B’ Division Police Station, Junagadh 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. Nirad Buch, the learned advocate appearing on behalf of the respondent No.2. Direct service is permitted.