Research › Search › Judgment

Gujarat High Court · body

2018 DIGILAW 292 (GUJ)

ASHWINKUMAR BALCHANDBHAI SHAH 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. Sadik A. Ansari, 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. 147 of 2017 lodged before the Adajan Police Station, Surat of the offence punishable under sections 454, 457, 380, 427, 507 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-Smt. Urviben Vinaykumar Shah is personally present and she confirms about the settlement arrived at with the accused person. The respondent No.2- Smt. Urviben Vinaykumar Shah is identified by her learned advocate Mr. Sadik Ansari. Smt. Urviben Vinaykumar Shah has also filed an affidavit, inter alia, stating as under: “I, the undersigned-Urviben Vinaykumar Shah, Female, Age- 33 years, Occupation-Spa. Parlour, Residing at G-5, Malay Flat, Near Aastha Hospital, Tadvadi, Rander, Surat, the complainant in the above said FIR being C.R. No.I-147 of 2017, herein do hereby solemnly affirm and file this affidavit on oath as under:- I say and submit that the FIR came to be lodged by complainant herein with Adajan Police Station, Surat as IC.R. No.147 of 2017 for the offences punishable under sections 454, 457, 380, 427, 507 and 114 of the Indian Penal Code and as I am the original complainant I am aware about the facts and circumstances of the case, and therefore, filing this affidavit. 2. I say and submit that, on account of minor misunderstanding and misconception resulted into filing of the FIR with the help of friends, relative and people of community, dispute is no longer exists, at present relation between us as cordial and as dispute is amicably resolved this Honourable Court may be pleased to terminate the proceedings as prayed for. I have no objection for quashing the said FIR, the said affidavit is under my free will and wish without there being any undue pressure. I have no objection for quashing the said FIR, the said affidavit is under my free will and wish without there being any undue pressure. Solemnly affirmed at Surat on this 19th 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. 147 of 2017 lodged before the Adajan Police Station, Surat 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. Sadik A. Ansari, the learned advocate appearing on behalf of the respondent No.2. Direct service is permitted.