Patubhai Budhabhai Bhadaraka vs State Of Gujarat
2021 Latest Caselaw 2081 Guj

        R/CR.MA/17435/2020                                           ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO.                  17435 of 2020

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            PATUBHAI BUDHABHAI BHADARAKA
                        Versus
                  STATE OF GUJARAT
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Appearance:
MR TANMAY B KARIA(6833) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MR PRERAK P OZA(8279) for the Respondent(s) No. 3
MS MAITHILI D MEHATA 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. Tanmay Karia on behalf of the applicant, learned APP Ms. Maithili Mehta on behalf of the respondent­State and learned Advocate Mr. Prerak Oza on behalf of the original complainant.

2. RULE returnable forthwith. Ms. Maithili D. Mehta, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent No.1­ State of Gujarat.

3. By way of this application, the applicant prays for quashing of criminal complaint being FIR No. 11198042200149 of 2020 registered with Palitana Town Police Station, District: Bhavnagar on Dated 4th

R/CR.MA/17435/2020 ORDER

March, 2020 for the offence punishable under Section 328, 376(2)(n), 313, 506(2) of the Indian Penal Code and 67­A of the Information Technology (Amendment) Act, 2008.

4. Heard learned Advocate Mr. Tanmay Karia for the applicant submits that after filing of the complaint impugned herein, the parties have settled the dispute intersay he further submits that the complainant as well as the accused have married and therefore, no fruitful purpose would be served if the complaint is allowed to continue.

5. Learned Advocate for the respondent No.3­ original complainant Mr. Prerak Oza confirms what has been stated by learned Advocate Mr. Tanmay Karia. He further submits that the original complainant Ms.Sweta Tank may be permitted to join the meeting. Permission granted.

6. Upon joining the meeting, original complainant is identified by learned Advocate Mr. Prerak Oza and upon inquiry by this Court the original complainant confirms the fact about settlement and she further confirms that she would not have any objection if the complaint impugned herein is quashed by this Court. Learned Advocate Mr. Prerak Oza further submits that an affidavit on behalf of the original complainant­ wife of the present applicant is filed on 11th August, 2020, which is taken on record. He therefore request this Court for quashing of the complaint impugned herein.

R/CR.MA/17435/2020 ORDER

7. Learned APP Ms. M.D. Mehta strongly opposed the present application and she further submits that the offences committed by the applicant are serious in nature and therefore, no indulgence may be shown by this Court.

8. Considering the fact that the dispute between the parties was private in nature and further considering the fact that the parties have got married.

9. Having heard learned advocates for the respective parties, this Court is of the opinion that while allegations levelled in the complaint against the applicant are serious, but looking to the averments made in the affidavit filed by the complainant dated 10th August, 2020, more particularly, since the issue is resolved and that she does not wish to proceed further with the impugned FIR and 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, 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.

10.    In     view      of      the       discussions            and   observations






            R/CR.MA/17435/2020                                       ORDER




above,         the        criminal       complaint       being        FIR        No.

11198042200149 of 2020 registered with Palitana Town Police Station, District: Bhavnagar on Dated 4th March, 2020 for the offence punishable under Section 328, 376(2)(n), 313, 506(2) of the Indian Penal Code and 67­A of the Information Technology (Amendment) Act, 2008 and all consequential proceedings arising therefrom is hereby quashed and set aside qua the present applicant.

Rule is made absolute. Registry is directed to communicate this order to the concerned Police Station through Email immediately.

(NIKHIL S. KARIEL,J)

Pallavi