Gujarat High Court
Pinkesh Vadilalbhai Patel vs State Of Gujarat on 15 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/18496/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18496 of 2020
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PINKESH VADILALBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. NILAY A THAKER(7275) for the Applicant(s) No. 1,2,3,4
MR K S CHANDRANI(6674) 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 : 15/02/2021
ORAL ORDER
1. Heard learned Advocate Shri Nilay A. Thaker for the applicants,
learned APP Ms. M.D. Mehta for the respondent No.1 - State and learned
Advocate Shri K.S. Chandrani for the respondent No.2.
2. Rule. Learned APP wavies service of Rule on behalf of the
respondent No.1 - State. Learned Advocate Shri Chandrani waives service
of Rule on behalf of the respondent No.2.
3. By way of the present application, the applicants pray for quashing of
the criminal complaint being I C.R. No.96 of 2017 registered with
Lunawada Police Station, Dist. Mahisagar, for the offences punishable under
Sections 354(A)(3), 507, 504, 506(2), 114, 354(A)(4) and 354(D)(2) of the
Indian Penal Code, dated 29.12.2017 and also Criminal Case No.432 of
2018 pending before the Court of learned Chief Judicial Magistrate,
Mahisagar at Lunawada.
R/CR.MA/18496/2020 ORDER
4. It is submitted by learned Advocate Shri Thaker that after filing of
the complaint, in the interregnum, the parties have settled the dispute inter
se at the instance of the community persons and whereas no fruitful
purpose would be served, if the complaint and Criminal Case arising from
complaint impugned are permitted to proceed any further.
5. Learned Advocate Shri Chandrani submits that original complainant
may be permitted to join the meeting. Permission is granted. The
complainant Rachnaben Pravinchandra Patel upon joining the meeting, is
identified by the learned Advocate and upon inquiry by this Court, the
complainant 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. Learned Advocate further submits
that an affidavit stating as much has also been filed which is at page 23 of
the present application. He further submits that in view of the same, this
Court may quash the complaint against the applicants.
6. Learned APP Ms. M.D. Mehta strongly opposed the application and
she further submits that the offences committed by the applicants are grave
and serious and therefore, no indulgence may be shown.
7. Considering the submissions made by the learned Advocates for the
parties and considering the fact that the dispute between the parties was
private in nature and the same is settled 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,
R/CR.MA/18496/2020 ORDER
if the complaint is proceeded any further.
8. In view of the discussions and observations above, the complaint
being I C.R. No.96 of 2017 registered with Lunawada Police Station, Dist.
Mahisagar, for the offences punishable under Sections 354(A)(3), 507, 504,
506(2), 114, 354(A)(4) and 354(D)(2) of the Indian Penal Code, dated
29.12.2017 and also Criminal Case No.432 of 2018 pending before the
Court of learned Chief Judicial Magistrate, Mahisagar at Lunawada, are
hereby quashed against the applicants.
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
