Gujarat High Court
Devjibhai Rajsangbhai Pavaya vs State Of Gujarat on 8 April, 2025
NEUTRAL CITATION
R/CR.MA/7008/2025 ORDER DATED: 08/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 7008
of 2025
==========================================================
DEVJIBHAI RAJSANGBHAI PAVAYA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS RAKSHA S KHATED(12987) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 08/04/2025
ORAL ORDER
1. Rule returnable forthwith. Mr. Pandya, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Janak Parmar, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.
2. By this application under section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioner seeks to invoke the inherent powers of this court, praying for quashing of the judgment and order dated 26.09.2023 passed by the learned 2nd Addl. Chief Judicial Magistrate, Palanpur in Criminal Case No.1961 of 2017 on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2- Page 1 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:06:58 IST 2025 NEUTRAL CITATION R/CR.MA/7008/2025 ORDER DATED: 08/04/2025 undefined Shankarbhai Chelabhai Salvi is personally present and he confirms about the settlement arrived at with the accused person. The respondent No.2- Shankarbhai Chelabhai Salvi is identified by his learned advocate Mr. Janak Parmar. Shri Shankarbhai Chelabhai Salvi has also filed an affidavit, inter alia, stating as under:
"I, Shankarbhai S/o Chelabhai Salvi (Patel), respondent no.2 herein, Age:71 years, Residing at Ghadh, Ta Palanpur, Dist.. Banaskantha, do hereby solemnly affirm and state on oath as under
1. I am filing this affidavit and fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit
2. I say that I have gone through the memo of petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I have received full amount and now I have no grievance against the petitioner.
3. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute further against the petitioner and as the dispute between us has been amicably settled, I state that the judgment and order dated 26.09.2023 passed by Ld. 2nd Additional Judicial Magistrate Court, Palanpur being Criminal case no 1961 of 2017 may kindly be quashed.
What is stated hereinabove is true to the best of my personal knowledge, information and belief and I believe the same to be true and correct.
Solemnly affirmed on this 7th day of March, 2025 at Palanpur."
3. Taking into consideration the nature of the dispute and Page 2 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:06:58 IST 2025 NEUTRAL CITATION R/CR.MA/7008/2025 ORDER DATED: 08/04/2025 undefined the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.
4. In the result, this application is allowed. The judgment and order dated 26.09.2023 passed by the learned 2 nd Addl. Chief Judicial Magistrate, Palanpur in Criminal Case No.1961 of 2017 is hereby ordered to be quashed. All consequential proceedings arising from the same also stands terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Janak Parmar, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J) VAHID Page 3 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:06:58 IST 2025