Gujarat High Court
Prakashbhai Dineshbhai Patni vs State Of Gujarat on 11 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/18513/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18513 of 2020
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PRAKASHBHAI DINESHBHAI PATNI
Versus
STATE OF GUJARAT
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Appearance:
MR MEHUL A SURATI(7870) for the Applicant(s) No. 1,2
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 : 11/02/2021
ORAL ORDER
1. Heard learned Advocate Mr. Mehul A. Surati for
the applicants, learned Additional Public Prosecutor
Ms. Maithili D. Mehta for the respondent No.1State.
2. Learned Advocate Mr. Chirag Prajapati states
that he has received instructions to appear on behalf
of the respondent No.2original complainant. Learned
Advocate for the complainant is permitted to file his
appearance in the Registry. Learned Advocate for the
complainant has identified the complainant.
3. Rule returnable forthwith. Learned Advocates
waives service of rule on behalf of the respective
respondents.
4. With the consent of learned Advocate for the
R/CR.MA/18513/2020 ORDER
applicants and learned Advocate for respondents,
present application is taken up for final disposal
today.
5. By way of present application, the applicants
prays for quashing of the complaint being C.R.
No.11191024200660 of 2020 registered with Ramol
Police Station, Ahmedabad dated 24.05.2020 for the
offence punishable under Section 379, 511 and 114 of
the Indian Penal Code.
6. Learned advocate for the applicants has taken
this Court through the factual matrix arising out of
the present application.
7. Learned Advocate Mr. Mehul Surati for the
applicants submit that the matter is settled between
the parties and therefore, no fruitful purpose would
be served, if the complaint is permitted to continue
against the applicants herein.
8. Learned Advocate Mr. Chirag Prajapati appearing
for the original complainant submits that he has
filed an affidavit to this regard at page Nos.910 of
the present application. Complainant Devarsh
R/CR.MA/18513/2020 ORDER
Bhardreshbhai Shah is present in the office of
learned Advocate Mr. Chirag Prajapati and the
complainant may be permitted to join the meeting.
Permission is granted.
9. Learned Advocate Mr. Chirag Prajapti has
identified the complainant. The complainant has
joined the meeting and upon inquiry by this Court, he
confirms the fact of settlement and that he would not
have any objection, if the complaint is quashed.
10. Learned APP Ms. Maithili Mehta strongly opposed
the present application and she further submits that
the offences committed by the applicants are serious
in nature and therefore, no indulgence may be shown.
11. Having heard learned Advocates for the
respective parties, this Court is of the opinion that
while allegations levelled in the complaint against
the applicants are serious, but looking to the
averments made in the affidavit filed by the
complainant dated 24th November, 2020, more
particularly, since the issue is resolved and that he
does not wish to proceed further with the impugned
FIR and considering the judgments of the Supreme
R/CR.MA/18513/2020 ORDER
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, 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.
12. In view of the discussions and observations
above, the criminal complaint being C.R.
No.11191024200660 of 2020 registered with Ramol
Police Station, Ahmedabad dated 24.05.2020 for the
offence punishable under Section 379, 511 and 114 of
the Indian Penal Code and all consequential
proceedings arising therefrom is hereby quashed and
set aside qua the present applicants.
13. Rule is made absolute to the aforesaid extent.
Registry to communicate this order to the concerned
Court/authority by Fax or Email forthwith.
(NIKHIL S. KARIEL,J)
Pallavi
