Hareshbhai Induprasad Bhatt vs State Of Gujarat
2021 Latest Caselaw 3101 Guj

      R/SCR.A/8892/2020                                                ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/SPECIAL CRIMINAL APPLICATION NO.                          8892 of 2020

=====================================================
             HARESHBHAI INDUPRASAD BHATT
                        Versus
            STATE OF GUJARAT & 1 other(s)
=====================================================
Appearance:
MR BHAVDUTT H BHATT(6162) for the Applicant(s) No. 1
MR BM GUPTA(336) for the Respondent(s) No. 2
MR CB GUPTA(1685) for the Respondent(s) No. 2
MS MOXA THAKKAR, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
=====================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                          Date : 23/02/2021

                                 ORAL ORDER

1. Heard learned Advocate Mr. Bhavdutt H. Bhatt on behalf of the applicant, learned APP Ms. Moxa Thakkar on behalf of the respondent No.1­State and learned Advocate Mr. B.M Gupta on behalf of the respondent No.2­original complainant.

2. Rule returnable forthwith. Learned APP waives service of Rule on behalf of the respondents.

3. By way of this application, the applicant prays for quashing of criminal complaint/FIR being C.R.No.I­11191066200064 of 2020 dated 20th January, 2020 registered with Vasna Police Station, Ahmedabad for the offence punishable under Sections 406, 420, 467, 468, 471, 120(b)

R/SCR.A/8892/2020 ORDER

and 114 of the Indian Penal Code, 1860.

4. Learned Advocate Mr. Bhatt submits that after filing of the complaint impugned herein, the parties have settled the dispute interse and whereas no fruitful purpose would be served if the impugned complaint is permitted to proceed any further.

5. Upon a pointed query by this Court, as regards mentioning of an interim relief which was existing in proceedings, it is submitted by both the learned Advocates Mr. Bhatt as well as learned Advocate Mr. Gupta appearing on behalf of the parties that this settlement would not have the effect of short­circuiting the said proceedings. Furthermore, learned Advocate Mr. B.M. Gupta on behalf of the original complainant confirms what has been stated by learned Advocate Mr. Bhatt and further states that the original complainant is present in his office and that he may be permitted to join the meeting. Permission granted. Complainant Kantibhai Mulshankarbhai Pandit, upon joining is identified by learned Advocate Mr. Gupta and upon inquiry by this Court, complainant confirms the fact of settlement and further confirms that he would not have any objection if the complaint impugned herein is quashed.

6. Learned advocate Mr. Gupta further points out that affidavit of the complainant which is

R/SCR.A/8892/2020 ORDER

affirmed before the Registrar of the District Court is attached with this application at page No.37 i.e. in compliance of order of this Court dated 2nd February, 2021.

7. Learned Advocate Mr. Bhatt and learned Advocate Mr. Gupta further request that considering the same, the impugned complaint may be quashed by this Court.

8. Learned APP strongly opposed this application and submits that since the allegation levelled against the applicant are serious, no indulgence may be shown by this Court.

9. Considering the fact that the dispute is private in nature and considering the fact that the parties have settled the matter interse more particularly, since the issue is resolved and when the complainant 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, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, 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

R/SCR.A/8892/2020 ORDER

further.

10. In view of the discussions and observations above, the criminal complaint/FIR being C.R.No.I­11191066200064 of 2020 dated 20th January, 2020 registered with Vasna Police Station, Ahmedabad for the offence punishable under Sections 406, 420, 467, 468, 471, 120(b) and 114 of the Indian Penal Code, 1860 and all consequential proceedings arising therefrom is hereby quashed and set aside qua the present applicant.

Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(NIKHIL S. KARIEL,J)

Pallavi