Simaben W/O Rishwambhai Patel vs The State Of Gujarat
2021 Latest Caselaw 18009 Guj

      R/SCR.A/9474/2021                               ORDER DATED: 02/12/2021




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CRIMINAL APPLICATION NO. 9474 of 2021

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                          SIMABEN W/O RISHWAMBHAI PATEL
                                       Versus
                          THE STATE OF GUJARAT & 1 other(s)
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Appearance:
MR CHAITANYA S JOSHI(5927) for the Applicant(s) No. 1
MR.AKASH J PANDYA(7206) for the Respondent(s) No. 2
MS.SHRUTI PATHAK APP(2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                 Date : 02/12/2021
                                   ORAL ORDER

[1] Considering the issues involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith.

[2] Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents.

[3] By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashing and setting aside F.I.R. bearing C.R.No.I-70 of 2016 registered with Aslali Police Station, Dist. Ahmedabad for the offence punishable under Sections 364(A), 365, 385, 387 & 120B of the Indian Penal Code and to quash all other consequential proceedings

R/SCR.A/9474/2021 ORDER DATED: 02/12/2021

arising out of the aforesaid FIR qua the applicant.

[4] Heard learned advocates for the respective parties.

[5] Both the learned advocates would submit that during the pendency of present application, the matter is amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law.

[6] Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected. In support of her submissions, she relied upon the judgment in the case of the State of Madhya Pradesh Vs. Laxminrayan reported in (2019) 5 SCC 688.

[7] Having heard the learned advocates for the parties and having gone through the materials available on record, it appears that except the name of the applicant, no any evidence was found during the course of investigation to link the present applicant with the crime in question. Thus, meanwhile incorporation of section of abduction would not amount to the commission of offence by the applicant. Considering the peculiar facts and circumstances of the case and the role attributed to the present applicant in the alleged crime and facts of settlement and law laid down by the Apex Court [Gian Singh Vs. State of Punjab & Anr., reported in

R/SCR.A/9474/2021 ORDER DATED: 02/12/2021

(2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC),] this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned FIR would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

[8] Resultantly, this application is allowed and the impugned FIR bearing C.R.No.I-70 of 2016 registered with Aslali Police Station, Dist. Ahmedabad filed against present applicant is hereby quashed and set aside and all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicant. Accordingly, Rule is made absolute.

Direct service permitted.

(ILESH J. VORA,J) Manoj