Gujarat High Court
Pratimaben Chandrakantbhai Shah vs The State Of Gujarat on 10 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/19833/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19833 of 2020
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PRATIMABEN CHANDRAKANTBHAI SHAH
Versus
THE STATE OF GUJARAT
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Appearance:
MR ANKIT M MODI(7418) for the Applicant(s) No. 1
MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No.
1
for the Respondent(s) No. 2
MS MAITHILI D MEHTA, ADDITIONAL PUBLIC PROSECUTOR(2)
for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/02/2021
ORAL ORDER
1. Heard learned Advocate Mr. Kishan R. Chakwawala
for the applicant, Ms. Maithili D. Mehta, learned
Additional Public Prosecutor for the respondent No.1
State.
2. Learned Advocate Mr. Manan Doshi states that he
has received instructions to appear on behalf of the
original complainant. Learned Advocate for the
complainant is permitted to file his appearance in
the Registry. Learned Advocate for the complainant
has identified the complainant.
R/CR.MA/19833/2020 ORDER
3. By way of present application, the applicant
prays quashing of the complaint being I
C.R.No.11191045201873 of 2020 registered with Sola
High Court Police Station, Ahmedabad dated 26.09.2020
for the offences punishable under Sections 406,420
and 114 of the Indian Penal Code.
4. Learned Advocate Mr. Chakwawala for the
applicant says that both the applications arises from
the same criminal complaint being C.R.
No.11191045201873 of 2020 dated 26th September, 2020
registered with Sola High Court Police Station,
District Ahmedabad for the offence punishable under
Sections 406, 420 and 114 of the Indian Penal Code.
He further submits that after filing of the complaint
the complainant as well as the accused have inter say
resolved the dispute and therefore, no fruitful
purpose would be served, if the complaint is
permitted to continue against the applicant herein.
5. Learned Advocate Mr. Manan Doshi for the
complainant submits that the complainant has already
filed a Settlement deed to this regard. He submits
that the complaint-Ajaysingh Surendrasingh Tomar may
R/CR.MA/19833/2020 ORDER
be permitted to join the meeting. Permission granted.
6. Learned Advocate Mr. Manan Doshi has identified
the complainant. The complainant has joined the
meeting and upon inquiry by this Court, he confirms
the fact of settlement and he further confirms that
he would not have any objection, if the complaint is
quashed.
7. Learned APP Ms. Maithili Mehta strongly opposed
the present application and further submits that the
offence committed by the applicant is serious in
nature and therefore, no indulgence may be shown.
8. Having heard learned Advocates for the
respective parties, this Court is of the opinion that
while allegations levelled in the complaint against
the applicant is serious, but looking to the
averments made in the settlement deed filed by the
complainant dated 23.10.2020, more particularly,
since the issue is resolved and that he does not wish
to proceed further with the impugned FIR and
considering the judgment 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.
R/CR.MA/19833/2020 ORDER
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), no fruitful
purpose would be served, if the complaint is
proceeded any further.
9. In view of the discussions and observations
above, the criminal complaint being IC.R.
No.11191045201873 of 2020 registered with Sola High
Court Police Station, Ahmedabad dated 26.09.2020 for
the offences punishable under Sections 406, 420 and
114 of the Indian Penal Code and all consequential
proceedings arising therefrom is hereby quashed and
set aside qua the present applicant.
10. Rule is made absolute. Registry is directed to
communicate this order to the concerned Police
Station through Email immediately.
(NIKHIL S. KARIEL,J)
Pallavi
