Gujarat High Court
Akashbhai Dineshbhai Sharma vs State Of Gujarat on 22 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/20121/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 20121 of 2020
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AKASHBHAI DINESHBHAI SHARMA
Versus
STATE OF GUJARAT
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Appearance:
MR.KARNA H DHOMSE(6684) for the Applicant(s) No. 1,2,3,4,5,6,7,8
MR.HIREN M MODI(3732) 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 : 22/02/2021
ORAL ORDER
1. Heard learned Advocate Shri Karna H. Dhomse for the applicants,
learned APP Ms. M.D. Mehta for the respondent No.1 - State and learned
Advocate Shri Hiren Modi for the respondent No.2.
2. By way of present application, the applicants pray for quashing of the
complaint being FIR No.11197054200716 of 2020 registered with Varnama
Police Station, Dist. Vadodara Rural, dated 05.07.2020 for the offences
under Sections 143, 147, 149, 323, 324 and 504 of Indian Penal Code and
the proceedings arising out of the said FIR, being Criminal Case No.24698
of 2020 pending before the Court of 7th Additional Civil Judge and JMFC,
Vadodara.
3. Learned Advocate Shri Dhomse for the applicants submits that
during the pendency of the present application, the parties have settled the
dispute inter se. He further submits that no fruitful purpose would be
R/CR.MA/20121/2020 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 Modi confirms what has been stated by
learned Advocate Shri Dhomse and requests that the complainant -
Maheshbhai Babubhai Panchal may be allowed to join the meeting.
Permission is granted. Upon inquiry by this Court, the complainant
confirms the fact of settlement and he would not have any objection, if the
complaint is quashed. Learned Advocate Shri Modi has identified the
complainant and he submits that an affidavit stating as much has also been
filed which is at page 18 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 dispute is private in nature and the
complainant does not have any objection, if the complaint is quashed and
further considering the affidavit filed by the original complainant on
16.12.2020 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.
R/CR.MA/20121/2020 ORDER
7. In view of the discussions and observations above, the criminal
complaint being being FIR No.11197054200716 of 2020 registered with
Varnama Police Station, Dist. Vadodara Rural, dated 05.07.2020 for the
offences under Sections 143, 147, 149, 323, 324 and 504 of Indian Penal
Code and charge-sheet as well as the proceedings arising out of the said FIR,
being Criminal Case No.24698 of 2020 pending before the Court of 7th
Additional Civil Judge and JMFC, Vadodara, 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)
Y.N. VYAS
