Amratji @ Amrutji Chanduji Thakor vs State Of Gujarat
2021 Latest Caselaw 2082 Guj

         R/CR.MA/4131/2020                                   ORDER



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION NO. 4131 of 2020
=====================================================
          AMRATJI @ AMRUTJI CHANDUJI THAKOR
                        Versus
                  STATE OF GUJARAT
=====================================================
Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No.
1,2,3,4,5,6
MS. YASHMA R MATHUR(6374) for the Respondent(s) No. 2
MS MAITHILI MEHTA, ADDITIONAL PUBLIC PROSECUTOR(2)
for the Respondent(s) No. 1
=====================================================
 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 11/02/2021
                                 ORAL ORDER

1. Heard learned Advocate Mr. Ekant G. Ahuja for

the applicants, learned APP Ms. Maithili D. Mehta for

the respondent­State and learned Advocate Ms. Yashma

Mathur for the original complainant.

2. Rule returnable forthwith. Learned Advocates

waives service of rule on behalf of the respective­

respondents.

3. With the consent of learned Advocate for the

applicants and learned Advocate for the respondents,

present application is taken up for final disposal

today.

4. By way of this application, the applicants prays

R/CR.MA/4131/2020 ORDER

for quashing of criminal complaint being FIR No.I­

C.R. No.32 of 2016 registered with DCB Police

Station, Ahmedabad City on 12th May, 2016 for the

offences punishable under Sections 465, 467, 468,

471,341, 120­B, 506(1) and 114 of the Indian Penal

Code.

5. Learned Advocate Mr. Ekant Ahuja for the

applicants submits that pending the complaint, the

parties have settled the dispute interse and whereas

no fruitful purpose would be served if the complaint

and the criminal trial arising there from being

Criminal Case No.95964 of 2018 pending before the

Court of Additional Chief Metropolitan Magistrate,

Court No.11 at Ahmedabad is not quashed.

6. Learned Advocate Ms. Yashma Mathur request

permission to appear on behalf of the respondent

No.2­original complainant and further submits that

the complainant may be permitted to join the meeting.

Permission         granted.         Complainant         Mr.        Dilip        Galbaji

Thakor     upon       joining       the     meeting          is    identified              by

learned Advocate Ms.                Mathur and upon inquiry by this

Court     the      said      complainant            confirms         the       fact        of






         R/CR.MA/4131/2020                                                 ORDER

settlement between the parties and he further submits

that he would not have any objection if the impugned

complaint as well as the criminal case is quashed by

this Court. Learned Advocate Ms. Mathur further

informs this Court that an affidavit by the

complainant stating as much is filed at page no.78 of

the present application. She has further submits that

considering the same the impugned complaint as well

as criminal case may be quashed by this Court.

7. Learned APP Ms. Maithili Mehta strongly objects

to this application and submits that considering the

allegations levelled against the applicants no

interference may be made by this court in the

impugned complaint as well as criminal case.

8. Having heard learned advocates for the

respective parties, this Court is of the opinion that

looking to the averments made in the affidavit filed

by the complainant dated 25th January, 2021, 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

Court in the cases of Gian Singh Vs. State of Punjab

R/CR.MA/4131/2020 ORDER

& 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), 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 FIR No.I­C.R.

No.32 of 2016 registered with DCB Police Station,

Ahmedabad City on 12.05.2016 for the offences

punishable under Sections 465, 467, 468, 471,341,

120­B, 506(1) and 114 of the Indian Penal Code and

all consequential proceedings arising therefrom 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) Pallavi