R/CR.MA/8612/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8612 of 2015 ========================================================== JITENDRA @ KAKKAN HARISHCHANDRABHAI MANWANI & 1....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ========================================================== Appearance: MR PAWAN A BAROT, ADVOCATE for the Applicant(s) No. 1 - 2 MR. NJ SHAH APP for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 07/05/2015 ORAL ORDER
1. Mr. Hardik Dave, learned advocate states that he has instruction to appear on behalf of respondents No. 2 original complainant and shall file his appearance at the earliest. He has identified the original complainant, who is present in the Court and states that the matter is settled between the parties.
2. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.
3. Rule. Mr. N.J.Shah learned Additional Public Page 1 of 5 R/CR.MA/8612/2015 ORDER
Prosecutor waives service of Rule on behalf respondent No.1 - State of Gujarat and Mr. Hardik Dave, learned advocate waives service of Rule on behalf of respondents No. 2 original complainant.
4. By way of the present application under Section 482 of the Code of Criminal Procedure, the applicants have prayed to quash the FIR being II-C.R. No. 3164 of 2010 registered by respondent No.2 with Sardarnagar Police Station, Ahmedabad against the petitioners for the offences punishable under Sections 294(a), 114, 506(2), and 507 of the Indian Penal Code.
5. Mr. Hardik Dave, learned advocate appearing on behalf of the original complainant has identified original complainant, who is present in the Court and who has filed Affidavit dated 30/04/2015, which is taken on the record. It appears from the Affidavit that compromise has been arrived at between the parties and original complainant has no objection if the impugned FIR is quashed.
6. Learned advocate appearing for the applicants placed reliance on the decision of the Hon'ble Apex Court in case of Gian Singh versus State of Punjab & Anr. Reported in 2012(10)SCC 303 as well as in the case of Jitendra Raghuvanshi & Ors. V/s. Babita Raghuvanshi & Anr. reported in [2013(3)] 54 (3) G.L.R 1875 and submitted that since the matter is settled between the parties, there is no need to proceed further with the trial.
7. Mr.N.J.Shah, learned Additional Public Prosecutor Page 2 of 5 R/CR.MA/8612/2015 ORDER has opposed this application and submitted that considering the nature and gravity of the offence, the impugned FIR may not be quashed.
8. I have heard learned advocate appearing on behalf of the respective parties and perused the impugned FIR as well as Affidavit filed by respondents No.2 - original complainant dated 30/04/2015, which reads as under:
"I, PRATABPHAI KHIYALDAS SACHDEV Age:- Adult, Occupation:- Major, Religion:- Hindu Residing at: F/204, Satkar Avenue, Naroda, Ahmedabad Respondent No.2 in the petition filed by the JITENDRA @ KARAN HARISHCHANDRABHAI MANWANI AND ANOTHER, the complainant herein, has filed being II-C.R. No. 3164 of 2010 registered by respondent No.2 with Sardarnagar Police Station, Ahmedabad against the petitioners for the offences punishable under Sections 294(a), 114, 506(2), and 507 of the Indian Penal Code. I further say and submit that on oath I solemnly affirm that:
1. I say and submit that due to intervention of the respected members of the society and family, mutual understanding and agreement is arrived between me and Original Accused persons in the above said F.I.R. ie. JITENDRA @ KAKKAN HARISHCHANDRABHAI MANWANI AND ANOTHER i.e. Applicant/Accused and now I don't have any grievance with them
2. I further state by way of filing this Affidavit. I intend that I have no objection if the F.I.R. and charge-sheet are quashed.
3. I crave leave of this Hon'ble Court to add, alter, remove, delete rescind or modify any or Page 3 of 5 R/CR.MA/8612/2015 ORDER all contentions or averments stated hereinabove.
4. I have made this affidavit with full consciousness without any force, coercion fraud or compulsion from any person or from the petitioners.
9. It appears from the Affidavit that the applicants and respondent No.2 - original complainant have jointly arrived at compromise and the original complainant has no grievance against the applicants and the matter is amicably settled between the parties.
10. Considering the overall facts and circumstances of the case and considering the fact that the dispute between the parties is now resolved, the present application is allowed. The FIR being II-C.R. No. 3164 of 2010 registered by respondent No.2 with Sardarnagar Police Station, Ahmedabad against the petitioners for the offences punishable under Sections 294(a), 114, 506(2), and 507 of the Indian Penal Code, as well as all the consequential proceedings arising from the said FIR, are hereby quashed and set aside qua the applicants only. Rule is made absolute accordingly.
Direct service is permitted.
(A.J.DESAI, J.) K. Manoj Page 4 of 5 R/CR.MA/8612/2015 ORDER Page 5 of 5