NEUTRAL CITATION
R/CR.MA/15433/2020 ORDER DATED: 01/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15433 of 2020
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FAROOQUE MOHMMED PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MR VANDAN K BAXI(5863) for the Applicant(s) No. 1
MS PRACHITI V SHAH(9990) for the Applicant(s) No. 1
NANAVATI & NANAVATI(1933) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
SERVED BY PUBLICATION IN NEWS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 01/08/2023
ORAL ORDER
1. Rule returnable forthwith. Mr. Soaham Joshi, learned APP waives service of notice of rule for respondent no.1 - State.
The respondent no.2 although served with the notice of rule issued by this Court, yet has chosen not to appear before this Court either in person or through an advocate and oppose this application.
2. By this application under Section 482 of the Code of Page 1 of 6 Downloaded on : Sat Sep 16 23:47:36 IST 2023 NEUTRAL CITATION R/CR.MA/15433/2020 ORDER DATED: 01/08/2023 undefined Criminal Procedure, 1973, the applicants-original accused persons seek to invoke the inherent powers of this Court praying for quashing of the F.I.R. being C.R. No.11191044200102 of 2020 filed before the Ghatlodia Police Station, District-Ahmedabad, for the offence punishable under Sections-507 of the I.P.C.
3. The brief facts of the present case are as under:- 3.1 That the complainant is residing at the address mentioned in the cause title above since last one year and he is working as a Group Class trainer in Sports Club of Gujarat, Sardar Patel Stadium since July 2019. It is alleged in the impugned FIR that on 09.03.2020 in afternoon at around 12 o'clock, when the complainant was at his home, he received a call from unknown mobile no. being 9825044550, wherein he received a threat of beating in connection with his message about training in the Sports Club. It is further alleged that thereafter at around 9.30 in the evening, the Complainant had received a phone call from Mobile No.9642929955 and informed the Complainant to give his letter of apology to Page 2 of 6 Downloaded on : Sat Sep 16 23:47:36 IST 2023 NEUTRAL CITATION R/CR.MA/15433/2020 ORDER DATED: 01/08/2023 undefined Sports Club of Gujarat and upon denial by the Complainant, the person calling from that number had threatened the Complainant of beating. It is further alleged that on 13.03.2020, the Complainant had received a phone call from Mobile No.9714955457 in the night hours on his Mobile No.6358821975 and informed the complainant that a complaint has been filed against him. The Complainant had also informed the caller that he is also going to file a Police Complaint and thereafter, the caller had also threatened the complainant of beating. Therefore, with such allegations, the complainant has filed an FIR under Section 507 of the IPC against the caller of three mobile numbers mentioned above for giving alleged threat of beating.
4. On 21.10.2020, a co-ordinate bench of this court has passed the following order:-
"1. This application is filed under Section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being CR No.11191044200102 of 2020 registered with Ghatlodia Police Station, Dist. Ahmedabad for the offence punishable under Section 507 of the Indian Penal Code.Page 3 of 6 Downloaded on : Sat Sep 16 23:47:36 IST 2023
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2. Notice returnable on 24.11.2020. Mr.Dabhi, learned Additional Public Prosecutor waives service of notice on behalf of the respondent State.
3. In the meantime, no coercive step shall be taken against the applicant qua the offence in question."
5. Heard Mr. Vaibhav Shukla, learned advocate for the applicant and Mr. Soaham Joshi, learned APP for the respondent no.1 - State.
6. Mr. Vaibhav Shukla, learned advocate for the applicant submitted that prima-facie, offence is registered under Section-507 of IPC. He further submitted that even as per the FIR, no offence is made out for criminal intimidation and the punishment for the offence under Section-507 of IPC is two years. He further submitted that the applicant was only the member participant of the group class in which the complainant was the trainer. He further submitted the the FIR is lodged after a delay of 08 days. Therefore, the Fir being an abuse of process of law, the same is required to be quashed and set aside.
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7. Per contra, Mr. Soaham Joshi, learned APP submits that in view of the fact that the complainant does not want to pursue the proceedings, this Court may pass an appropriate order by exercising power under Section-482 of Cr.P.C.
8. I have considered the rival submissions made at the bar. I have also considered the totality of facts and circumstances of the case and in view of the fact that now the complainant is not interested in pursuing the matter, no fruitful purpose would be served to continue with the proceedings. Moreover, the notice was served to the respondent no.2 - original complainant, but he has not remained present before this Court. However, he has already filed an affidavit before the Investigating Officer, which indicates that there is no dispute now between the parties. It appears that now the dispute is settled between the parties. A copy of affidavit filed by the respondent no.2 is taken on record.
9. Considering the judgment of Hon'ble Apex Court in the case of State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, the Supreme Court has observed in such type of Page 5 of 6 Downloaded on : Sat Sep 16 23:47:36 IST 2023 NEUTRAL CITATION R/CR.MA/15433/2020 ORDER DATED: 01/08/2023 undefined categories of cases by way of illustration wherein such power could be exercised to prevent abuse of process of any Court or to secure the ends of justice. Therefore, the ends of justice would be met by exercising inherent power of this Court under Section-482 of Cr.P.C. by quashing and setting aside the impugned FIR.
10. In the result, this application is allowed. The F.I.R. being C.R. No.11191044200102 of 2020 filed before the Ghatlodia Police Station, District-Ahmedabad, is hereby ordered to be quashed. All consequential proceedings pursuant thereto shall stand terminated.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(SANDEEP N. BHATT,J) A. B. VAGHELA Page 6 of 6 Downloaded on : Sat Sep 16 23:47:36 IST 2023