Gujarat High Court
Jigar Natvarlal Gandhi vs State Of Gujarat on 11 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/18862/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18862 of 2020
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JIGAR NATVARLAL GANDHI
Versus
STATE OF GUJARAT
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Appearance:
MR PB SHAH(5812) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MS MD MEHTA ADDL. 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 Shri Paresh B. Shah for the applicants and
learned APP Ms. M.D. Mehta for the respondent No.1 - State.
2. Learned Advocate Shri D.K. Chauhan is permitted to file his
Vakalatnama on behalf of the original complainant. Learned Advocate Shri
Shah submits that since the matter is settled, learned Advocate Shri D.K.
Chauhan may be permitted to join the meeting on behalf of the original
complainant. Permission is granted.
3. Rule. Learned APP wavies service of Rule on behalf of the
respondent No.1 - State. Learned Advocate Shri D.K. Chauhan waives
service of Rule on behalf of the respondent No.2.
4. By way of the present application, the applicants pray for quashing of
the criminal complaint being II C.R. No.196 of 2013 registered with
R/CR.MA/18862/2020 ORDER
Manjalpur Police Station, Vadodara, for the offences punishable under
Sections 65 and 67 of the Information Technology Act and Section 114 of
the Indian Penal Code, dated 21.06.2013 and also Criminal Case No.64533
of 2013 pending before the Court of learned 6th Additional Civil Judge and
Judicial Magistrate First Class, Vadodara.
5. It is submitted by learned Advocate Shri Shah that after filing of the
complaint, in the interregnum, the parties have settled the dispute inter se
and whereas the settlement deed has been arrived at on 20.02.2020, which is
place at page 67 of the present application. He further submits that
considering the fact that the parties have settled the dispute, no fruitful
purpose would be served, if the Criminal Case arising from complaint
impugned is not quashed.
6. Learned Advocate Shri D.K. Chauhan appearing on behalf of the
original complainant upon joining the meeting, has submitted that the
original complainant - Ms. Trupti W/o. Amitkumar Gandhi may be
permitted to join the meeting. Permission is granted. The complainant upon
joining the meeting, has been identified by the learned Advocate Shri
Chauhan and upon inquiry by this Court, she confirms that the matter has
been settled between the parties and she would not have any objection, if
the complaint as well as Criminal Case are quashed against the applicants.
7. Learned APP Ms. Mehta strongly opposes the application and she
submits that the settlement made is a contingent deed and whereas it may
not happen that after quashing of the complaint, the original complainant
may be required to take steps to have consent terms implementation. She
further submits that this Court may appropriately observe with regard to the
same.
8. Considering the submissions made by the learned Advocates for the
R/CR.MA/18862/2020 ORDER
parties and considering the fact that the dispute between the parties was
private in nature 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.
9. In view of the discussions and observations above, the criminal
complaint being II C.R. No.196 of 2013 registered with Manjalpur Police
Station, Vadodara, for the offences punishable under Sections 65 and 67 of
the Information Technology Act and Section 114 of the Indian Penal Code,
dated 21.06.2013 and also Criminal Case No.64533 of 2013 pending before
the Court of learned 6th Additional Civil Judge and Judicial Magistrate First
Class, Vadodara, are hereby quashed qua the applicants. The parties are
directed to adhere to the consent terms dated 20.02.2020. Liberty is reserved
in favour of the respondent No.2 - original complainant to apply for revival
of this application in case of any difficulty.
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
