Gujarat High Court
Harsh S/O Dilipbhai Patel vs State Of Gujarat on 9 February, 2021
Bench: Nikhil S. Kariel
R/SCR.A/8089/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8089 of 2020
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HARSH S/O DILIPBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. RAJAN J PATEL(6775) for the Applicant(s) No. 1,2,3
MR PRAKASH G PANDYA(3041) for the Respondent(s) No. 2
MS MD MEHTA ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/02/2021
ORAL ORDER
1. Heard learned Advocate Shri Rajan Patel for the applicants, learned
APP Ms. M.D. Mehta for the respondent No.1 - State and learned
Advocate Shri Prakash G. Pandya for the respondent No.2.
2. By way of present application, the applicants pray for quashing of the
complaint being I C.R. No.86 of 2018 registered with Ranip Police Station,
Ahmedabad, dated 09.10.2018 for the offences under Sections 498(A), 323
and 114 of the Indian Penal Code as well as charge-sheet arising from the
said offences and also Criminal Case No. 461 of 2019 pending before the
Court of learned Chief Judicial Magistrate, Ahmedabad (Rural), Ahmedabad.
3. Learned Advocate Shri Rajan Patel for the applicants submits that
after filing of the complaint, since the dispute was essentially private in
nature being matrimonial dispute between the parties, the parties have
settled the dispute inter se and therefore, he submits that no fruitful purpose
R/SCR.A/8089/2020 ORDER
would be served, if the complaint is allowed to proceed any further. He
therefore, submits that this Court may exercise its discretionary jurisdiction
and quash the complaint qua the applicants.
4. Learned Advocate Shri Pandya submits that the complainant -
Dharaben W/o. Harsh Dilipbhai Patel may be allowed to join the meeting.
Permission is granted. Upon inquiry by this Court, the complainant
confirms the fact of settlement and she would not have any objection, if the
complaint is quashed. Learned Advocate Shri Pandya has identified the
complainant and he submits that an affidavit to that effect stating as much
has also been filed in the present application. He further submits that in
view of the same, this Court may quash the complaint against the applicants.
5. Learned APP Ms. M.D. Mehta strongly opposed the application and
she further submits that the offences committed by the applicants are grave
and serious and therefore, no indulgence may be shown.
6. Having heard learned Advocates for the respective parties and more
particularly, considering the fact that the dispute was essentially private in
nature and considering the fact the dispute is resolved and also considering
the fact that the complainant does not have any objection, if the complaint
is quashed and further considering the affidavit filed by the original
complainant on 15.10.2020 and also considering the judgments of the
Supreme Court in the cases of Gian Singh Vs. State of Punjab &
Anr., reported in (2012) 10 SCC 303 , Madan Mohan Abbot Vs.
State of Punjab , reported in (2008) 4 SCC 582 , 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 opinion that no fruitful purpose would be served,
if the complaint is proceeded any further.
R/SCR.A/8089/2020 ORDER
7. In view of the discussions and observations above, the criminal
complaint being I C.R. No.86 of 2018 registered with Ranip Police Station,
Ahmedabad, dated 09.10.2018 for the offences under Sections 498(A), 323
and 114 of the Indian Penal Code as well as charge-sheet arising from the
said offences and also Criminal Case No. 461 of 2019 pending before the
Court of learned Chief Judicial Magistrate, Ahmedabad (Rural), Ahmedabad
is hereby quashed and set aside qua the present applicants.
Rule is made absolute. Registry is directed to communicate this order
to the concerned Police Station through Email immediately.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
