Gujarat High Court
Pratapbhai S/O. Mosabhai Rajput vs State Of Gujarat on 20 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/17278/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17278 of 2020
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PRATAPBHAI S/O. MOSABHAI RAJPUT
Versus
STATE OF GUJARAT
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Appearance:
MR.KISHORE PRAJAPATI(6305) for the Applicant(s) No. 1,2
MR MUKESH N VAIDYA(5197) 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 : 20/02/2021
ORAL ORDER
1. Heard learned Advocate Mr. Kishor Prajapati for the applicants,
learned APP Ms. M.D. Mehta for the respondent No.1 - State and learned
Advocate Shri Mukesh N. Vaidya for the respondent No.2.
2. By way of present application, the applicants pray for quashing of the
complaint being FIR No.11195060200459 registered with Vav Police
Station, Dist. Banaskantha, dated 18.10.2020 for the offences under Sections
323, 294(b), 506(2) and 114 of the Indian Penal Code.
3. Learned Advocate Shri Kishor Prajapati for the applicants submits
that during the pendency of the present application, the parties have settled
the dispute inter se. He further draws the attention of this Court to the
order dated 08.02.2021, wherein this Court had been pleased to note the
presence of the complainant, who had also been identified by the learned
Advocate Shri Vaidya and the complainant has no objection, if the
complaint is quashed. He further submits that no fruitful purpose would be
R/CR.MA/17278/2020 ORDER
served, if the complaint is allowed to proceed any further. He, therefore,
prays to quash the complaint qua the applicants.
4. Learned Advocate Shri Mukesh N. Vaidya submits confirms what has
been submitted by learned Advocate Shri Prajapati for the applicants.
Learned Advocate also submits that an affidavit stating as much has also
been filed which is at page 5 of the present application. He further submits
that in view of the same, this Court may quash the complaint against the
applicants.
5. 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.
6. Having heard learned Advocates for the respective parties and more
particularly, considering the fact that the complainant does not have any
objection, if the complaint is quashed and further considering the affidavit
filed by the original complainant on 28.10.2020 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.
7. In view of the discussions and observations above, the criminal
complaint being being FIR No. 11195060200459 registered with Vav Police
Station, Dist. Banaskantha, dated 18.10.2020 for the offences under Sections
323, 294(b), 506(2) and 114 of the Indian Penal Code and all consequntial
actions arising therefrom, is hereby quashed and set aside qua the present
R/CR.MA/17278/2020 ORDER
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
