Devendra @ Pappu Chandrabhusan ... vs State Of Gujarat
2021 Latest Caselaw 2343 Guj

      R/CR.MA/19699/2020                                          ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION NO.                  19699 of 2020

=====================================================
        DEVENDRA @ PAPPU CHANDRABHUSAN RAJPUT
                        Versus
                  STATE OF GUJARAT
=====================================================
Appearance:
MR AR PATHAN(6194) for the Applicant(s) No. 1,2,3
MR O I PATHAN(7684) for the Applicant(s) No. 1,2,3
 for the Respondent(s) No. 2,3
MS MOXA THAKKAR, ADDIITONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
=====================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                           Date : 15/02/2021
                               ORAL ORDER

1. Heard learned Advocate Mr. O.I. Pathan for the

applicants, learned APP Ms. Moxa Thakkar for the

respondent­State.

2. Learned Advocate Mr. Razim Jina states that he

has received instructions to appear on behalf of

the respondent No.2­original complainant and

respondent No.3 - injured person. Learned

Advocate for the complainant is permitted to

file his appearance in the Registry.

  3. Rule     returnable          forthwith.       Learned         Advocates






    R/CR.MA/19699/2020                                                 ORDER



  waives       service         of      rule           on    behalf         of      the

  respective respondents.

4. With the consent of learned Advocate for the

applicants and learned Advocate for the

respondents, present application is taken up for

final disposal today.

5. By way of present application, the applicants

prays for quashing of the criminal complaint

being C.R.No.11191024201448/2020 registered with

Ramol Police Station, Ahmedabad on 29.09.2020

for the offence punishable under Sections 324,

323, 294(B) and 114 of the Indian Penal Code and

under Section 135(1) of the Gujarat Police Act.

6. Learned Advocate Mr. O.I. Pathan for the

applicants submits that after filing of the

complaint, the parties have resolved the dispute

intersay and whereas the complainant as well as

injured person would not want the complaint to

proceed any further. In view of the matter, he

submits that no fruitful purpose would be served

if the complaint impugned herein is not quashed.

R/CR.MA/19699/2020 ORDER

7. Learned Advocate Mr. Razim Jinna who has been

permitted to appear on behalf of the respondent

No.­2­original complainant and respondent No.3­

injured victim submits that the complainant and

injured person may be permitted to join the

meeting. Permission granted. Complainant­Mr.

Rajeshbhai Lajaram Sharma and injured person­

Sunilbhai Lajaram Sharma upon joining the

meeting are identified by learned Advocate Mr.

Razim Jina and upon inquiry by this Court the

said complainant and victim confirms the fact of

settlement between the parties and he further

submits that he would not have any objection if

the impugned complaint is quashed by this Court.

8. Learned Advocate Mr. Razim Jina further informs

this Court that an affidavit by the complainant

stating as much is filed at page no.16 of the

present application. He has further submits that

considering the same the impugned complaint may

be quashed by this Court.

9. Learned APP Ms. Moxa Thakkar strongly objects to

this application and submits that considering

R/CR.MA/19699/2020 ORDER

the allegations levelled against the applicants

no interference may be made by this court in the

impugned complaint.

10. 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 28th

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 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), no fruitful purpose would be

served, if the complaint is proceeded any

further.

11. In   view       of     the    discussions        and     observations

   above,            the         criminal           complaint               being






            R/CR.MA/19699/2020                                          ORDER

C.R.No.11191024201448/2020 registered with Ramol

Police Station, Ahmedabad on 29.09.2020 for the

offence punishable under Sections 324, 323,

294(B) and 114 of the Indian Penal Code and

under Section 135(1) of the Gujarat Police Act

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