Research › Search › Judgment

Gujarat High Court · body

2018 DIGILAW 289 (GUJ)

MAJIDMIYA MUSTUFAMIYA MALEK v. STATE OF GUJARAT

2018-01-29

J.B.PARDIWALA

body2018
JUDGMENT : 1. Rule returnable forthwith. Ms. Thakkar, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Nishit Soni, 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.08 of 2018 lodged before the Dholka Town Police Station of the offence punishable under sections 323, 504, 506(2) read with section 114 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- Mashrurkhan Azizullakhan Pathan is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2- Mashrurkhan Azizullakhan Pathan is identified by his learned advocate Mr. Nishit Soni. Mashrurkhan Azizullakhan Pathan has also filed an affidavit, inter alia, stating as under: “I, Mashrurkhan Azizullakhan Pathan, Aged: 53 years, Male, Occupation: embroidery, residing at Mirkuva, Opp. Eye Clinic, Dholka, Taluka: Dholka, District: Ahmedabad, complainant, respondent no.2 herein, do hereby solemnly affirm and state that I have filed the Complaint FIR II Cr. No.8/2018 Dholka Town Police Station on 16.01.2018. I have been read over and explained in gujarati, the averments and prayers made in this application. Since complaint filed on account of misunderstanding, the parties have settled the differences an therefore, I have consented to quash and set aside the above complaint and I have no objection if above quashing application is allowed by the Hon’ble High Court of Gujarat, having compounded the offence by settling the matter out of the Court. Solemnly affirmed at Ahmedabad on this 29th 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 II-C.R. No.08 of 2018 lodged before the Dholka Town Police Station, Ahmedabad is hereby ordered to be quashed. 4. In the result, this application is allowed. The first information report being II-C.R. No.08 of 2018 lodged before the Dholka Town Police Station, Ahmedabad 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. Nishit Soni, the learned advocate appearing on behalf of the respondent No.2. Direct service is permitted.