Research › Search › Judgment

Gujarat High Court · body

2023 DIGILAW 1016 (GUJ)

Rushikesh Naranbhai Bhavsar v. State of Gujarat

2023-08-11

M.R.MENGDEY

body2023
JUDGMENT : M.R. MENGDEY, J. 1. By filing the present Application, the Applicant/Original Accused has prayed for quashing and setting aside the FIR being I-CR No. 71 of 2014 registered with Sayajiganj Police Station, Vadodara City for the offences punishable under Sections 406 and 420 of the Indian Penal Code. 2. The matter was posted for hearing before this Court on 28.4.2023. Since, nobody appeared for Respondent No. 2 - the Original Complainant, this Court had ordered for issuance of Fresh Notice of Rule upon Respondent No. 2. Thereafter, on number of occasions, the matter was adjourned awaiting service of Notice to Respondent No. 2 since the whereabouts of Respondent No. 2 were not available. On 9.6.2023, learned Advocate appearing for the Applicant submitted that all the dues have been paid by the Applicant to the first informant and the victims. He had sought an adjournment to file necessary documents on record in that regard. 3. Today, learned APP Ms. Vrunda C. Shah has produced a report of the Investigation Officer on record, wherein it is stated that a statement of the Original Complainant namely Jaydeepbhai Rameshbhai Modi was recorded by the Investigation Officer. In the said statement, the complainant has stated that the Applicant Rushikesh Naranbhai Bhavsar had repaid the entire amount to the Complainant and other eleven victims and the matter has now been settled between the parties. She has also produced a copy of the statement of the AXIS Bank on record along with the statement of the Original Complainant - Jaydeepbhai Ramanbhai Modi dated 2.8.2023. 4. Having regard to the nature of allegations levelled in the FIR as well as the fact that the present Applicant has paid all the dues to the first informant and the victims and the matter has now been amicably settled between the parties, the present Application deserves to be allowed and accordingly stands allowed. The FIR I-CR No. 71 of 2014 registered with Sayajiganj Police Station, Vadodara City for the offences punishable under Sections 406 and 420 of the Indian Penal Code and all other consequential proceedings arising therefrom are hereby quashed and set aside so far as it relates to the present Applicant. Rule is made absolute.