RUSHABH RAKESHBHAI JHAVERI....Applicant(s)V/SSTATE OF GUJARAT R/CR.MA/13264/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 13264 of 2013 ================================================================ RUSHABH RAKESHBHAI JHAVERI....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: MR MAHESH P PATEL, ADVOCATE for the Applicant(s) No. 1 MR RC KODEKAR ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 MR RJ GOSWAMI ADVOCATE for the Respondent(s) No.2 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 21/08/2013 ORAL ORDER
1.0 With the consent of the parties, the matter is taken up for hearing.
Mr. RC Kodekar, learned Additional Public Prosecutor waives service of notice of rule on behalf respondent no.1-State and Mr. RJ Goswami, learned advocate waives service of notice of rule on behalf of respondent no.2- original complainant.
3.0 By way of present application under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash the FIR being I-C.R. No. 155 of 2013 lodged with Navrangpura Police Station, Ahmedabad for the offences punishable under Sections 452, 323, 294(a), 506(1), 427 and 114 of the Indian Penal Code.
4.0 Learned advocate appearing for the applicant has produced the affidavit filed on behalf of respondent no.2-original complainant- Mahesh Bijalsinh Chaudhary who is present before this Court and he is identified by the learned advocate for the applicant. The affidavit filed on behalf of respondent no.2 is taken on record.
5.0 It is the case of applicant that the applicant accused had entered in the office of respondent no. 2- original complainant and started abusing the complainant and his employer.
6.0 It appears from the affidavit filed on behalf of respondent no.2 that the applicant and respondent no. 2 have jointly arrived at compromise and the original complainant has no any grievances against the applicant. The matter is amicably settled between the parties.
Mahesh P Patel, 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 and submitted that since the matter is settled and dispute is of civil nature and it is settled between the parties, there is no need to proceed further with the trial.
8.0 Considering the overall facts and circumstances of the case and the dispute between the parties, the present application can be considered and the application is allowed. The FIR being I-C.R. No. 155 of 2013 registered with Navrangpura Police Station, Ahmedabad for the offences punishable under Sections 452,323,294(a), 506(1), 427 and 114 of the Indian Penal Code is hereby quashed and set aside. Rule is made absolute. Direct service is permitted.
(A.J.DESAI, J.) Page 3 of 3