Gujarat High Court
Mohammad Umardaraaz S/O Abdul ... vs State Of Gujarat on 23 February, 2021
Bench: Nikhil S. Kariel
R/SCR.A/5323/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5323 of 2014
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MOHAMMAD UMARDARAAZ S/O ABDUL RAZAAK
CHASMAWALA (MEMON) & 4 other(s)
Versus
STATE OF GUJARAT & 4 other(s)
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Appearance:
MR EJAZ M QURESHI(5401) for the Applicant(s) No. 1,2,3,4,5
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2
MS MOXA THAKKAR ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1,3,4,5
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/02/2021
ORAL ORDER
1. Heard learned Advocate Mr. Ejaz M. Qureshi for the applicants,
learned APP Ms. Moxa Thakkar for the respondent No.1 - State and
learned Advocate Shri P.P. Majmudar for the respondent No.2.
2. Rule. Learned APP Ms. Moxa Thakkar waives service of Rule for the
respondent No.1 - State and learned Advocate Shri Majmudar waives
service of Rule for the respondent No.2.
3. By way of present application, the applicants pray for quashing of the
complaint being C.R. No.I - 184 of 2014 registered with Siddhpur Police
Station, Dist. Patan, dated 24.11.2014 for the offences under Sections
498(A), 506, 506(2) and 114 of the Indian Penal Code.
4. Learned Advocate Shri Qureshi for the applicants submits that during
R/SCR.A/5323/2014 ORDER
the pendency of the present application, the parties have settled the dispute
inter se, more particularly, the dispute being matrimonial in nature. He
further submits that no fruitful purpose would be served, if the complaint is
allowed to proceed any further. He therefore, prays to quash the complaint
qua the applicants.
5. Learned Advocate Shri Majmudar for the complainant confirms what
has been submitted by the learned Advocate Shri Qureshi for the applicants.
He further submits that the complainant - Nilofarbanu Mohammad Faruq
Memon may be allowed to join the meeting. Permission is granted. Upon
inquiry by this Court, the complainant confirms the fact of settlement and
she would not have any objection, if the complaint is quashed. Learned
Advocate Shri Majmudar has identified the complainant and he submits that
an affidavit stating as much has also been filed which is at page 96 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. Moxa Thakkar 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. 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 19.02.2015 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
R/SCR.A/5323/2014 ORDER
purpose would be served, if the complaint is proceeded any further.
8. In view of the discussions and observations above, the criminal
complaint being CR No. I- 184 of 2014 registered with Siddhpur Police
Station, Dist. Patan, dated 24.11.2014 for the offences under Sections
498(A), 506, 506(2) and 114 of the Indian Penal Code and all other
proceedings arising out of the same FIR, 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
