Gujarat High Court
Ruturajsinh Bharatsinh Jadeja vs State Of Gujarat on 9 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/18897/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18897 of 2020
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RUTURAJSINH BHARATSINH JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR BHAVIK R SAMANI(8339) for the Applicant(s) No. 1,2,3,4,5
MR PA JADEJA(3726) 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 Mr. Bhavik R. Samani for the applicants,
learned APP Ms. M.D. Mehta for the respondent No.1 - State and learned
Advocate Shri P.A. Jadeja for the respondent No.2.
2. By way of present application, the applicants pray for quashing of the
complaint being FIR No.11191003201084 registered with Khokhra Police
Station, Dist. Ahmedabad, dated 04.11.2020 for the offences under Sections
365, 384, 387, 323, 294(b), 506(2), 114 of the Indian Penal Code and
Sections 40, 42(a) of the Gujarat Money Lenders Act and Section 135(1) of
the Gujarat Police Act.
3. Learned Advocate Shri Samani for the applicants submits that during
the pendency of the present application, the matter is settled between the
parties inter se, more particularly, since the dispute was of private nature, no
fruitful purpose would be served in permitting the complaint to continue
R/CR.MA/18897/2020 ORDER
any further. He therefore, prays to quash the complaint qua the applicants.
4. Learned Advocate Shri Samani submits that the applicant No.4 is in
judicial custody and appropriate order may be passed in that regard.
5. Learned Advocate Shri Jadeja appearing on behalf of the complainant
- Dharak Vireshbhai Jani requests to allow the complainant to join the
meeting. Permission is granted. Upon inquiry by this Court, the complainant
confirms the fact of settlement and he would not have any objection, if the
complaint is quashed. Learned Advocate Shri Jadeja has identified the
complainant and he submits that an affidavit stating as much has also been
filed which is at page 24 of the present application. Considering the factum
of settlement, this Court may quash the complaint.
6. 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.
7. Having heard learned Advocates for the respective parties and more
particularly, considering the fact that the dispute, which is laid to filing of
the complaint was private in nature and further considering the affidavit
filed by the original complainant on 30.11.2020 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.
8. In view of the discussions and observations above, the criminal
R/CR.MA/18897/2020 ORDER
complaint being being FIR No.11191003201084 registered with Khokhra
Police Station, Dist. Ahmedabad, dated 04.11.2020 for the offences under
Sections 365, 384, 387, 323, 294(b), 506(2), 114 of the Indian Penal Code
and Sections 40, 42(a) of the Gujarat Money Lenders Act, 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.
Writ of this order in so far as applicant No.4 is concerned, shall be
sent forthwith to Sabarmati Jail Authorities for doing needful.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
