NEUTRAL CITATION
R/CR.MA/3124/2017 ORDER DATED: 11/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3124 of 2017
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MALIVAD RAJUBHAI MOHANBHAI
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
NOTICE SERVED THRU CONCERNED POLICE STN for the Respondent(s)
No. 2
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 11/08/2023
ORAL ORDER
1. Respondent No.2 - Vinodbhai Bhanabhai Vankar (original complainant) is personally present before this Court today. He has confirmed veracity of the affidavit dated 11.8.2023, which is taken on record and has submitted that he has no objection if the impugned complaint is quashed. The Court has repeatedly inquired about the same from the complainant whether there is any coercion or duress. He has submitted that there is amicable settlement between the parties.
2. Hence, in light of the above and in view of the judgment of the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab and another reported in 2012 (10) Page 1 of 2 Downloaded on : Sun Sep 17 01:13:34 IST 2023 NEUTRAL CITATION R/CR.MA/3124/2017 ORDER DATED: 11/08/2023 undefined SCC 303, no fruitful purpose would be served in continuing this application.
3. Accordingly, the present application is disposed of.
4. The impugned F.I.R. C.R. No.I 07 of 2017 registered with Godhra Taluka Police Station, Panchmahal and consequential proceedings arising pursuant to the impugned F.I.R. are hereby quashed and set aside.
5. Compensation if any is received pursuant to the impugned F.I.R. under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 shall be refunded back to the State by the complainant and in case of default, State Government is at liberty to take appropriate action, in accordance with law.
6. Registry to accept the Vakalatnama of learned advocate Mr. Jigar Acharya.
Rule is made absolute. Direct service is permitted.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 2 of 2 Downloaded on : Sun Sep 17 01:13:34 IST 2023