Gujarat High Court
Dip Rameshbhai Malviya vs State Of Gujarat on 9 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/18022/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18022 of 2020
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DIP RAMESHBHAI MALVIYA
Versus
STATE OF GUJARAT
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Appearance:
MR SHUBHAM JHAJHARIA(10231) for the Applicant(s) No. 1,2,3
MS MD METHA ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
RONITH JOY(9560) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/02/2021
ORAL ORDER
1. Heard learned Advocate Mr. Shubham Jhajharia for the applicants,
learned APP Ms. M.D. Mehta for the respondent No.1 - State and learned
Advocate Shri Ronith Joy for the respondent No.2.
2. Rule. Learned APP Ms. M.D. Mehta waives service of Rule for the
respondent No.1 - State and learned Advocate Shri Ronith Joy waives
service of Rule for the respondent No.2.
3. By way of present application, the applicants pray for quashing of the
complaint being FIR No.11191032200678 registered with Maninagar Police
Station, Ahmedabad, dated 26.09.2020 for the offences under Sections 406,
420, 506(1) and 114 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s)
and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of
Atrocities) Act.
R/CR.MA/18022/2020 ORDER
4. Learned Advocate Shri Jhajharia for the applicants submits that
during the pendency of the present application, the parties have settled the
dispute inter se. He further submits that no fruitful purpose would be
served, if the complaint is allowed to proceed any further. He therefore,
prays to quash the complaint qua the applicants.
5. Learned Advocate Shri Ronith Joy submits that the complainant -
Kirankumar Sureshbhai Parmar may be allowed 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 Joy has identified the
complainant and he submits that an affidavit stating as much has also been
filed which is at page 20 of the present application. He further submits that
in view of the same, this Court may quash the complaint against the
applicants.
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 complainant does not have any
objection, if the complaint is quashed and further considering the affidavit
filed by the original complainant on 03.11.2020 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.
R/CR.MA/18022/2020 ORDER
8. In view of the discussions and observations above, the criminal
complaint being being FIR No.11191032200678 registered with Maninagar
Police Station, Ahmedabad, dated 26.09.2020 for the offences under
Sections 406, 420, 506(!) and 114 of the Indian Penal Code and Sections 3(1)
(r), 3(1)(s) and 3(2)(va) of the Schedule Caste and Schedule Tribes
(Prevention of Atrocities) 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.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
