Harunbhai Hanifbhai ... vs State Of Gujarat
2021 Latest Caselaw 3112 Guj

      R/CR.MA/18437/2020                                           ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION NO.                      18437 of 2020

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          HARUNBHAI HANIFBHAI HALA(GAMETI)
                        Versus
                  STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1
MR JEET Y RAJYAGURU(8039) for the Respondent(s) No. 2
MS MOXA THAKKAR, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 23/02/2021

                                 ORAL ORDER

1. Heard learned Advocate Mr. Chintan S. Popat on behalf of the applicant, learned APP Ms. Moxa Thakkar on behalf of the respondent­State and learned Advocate Mr. Jeet Y. Rajyaguru 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 present application, the applicant prays for quashing of the criminal complaint/FIR being C.R. No.11203025200954 of 2020 registered with Junagadh Taluka Police Station, Junagadh dated 13th October, 2020 for the offence under Sections 384, 385, 294(b), 506(2) of the Indian Penal Code and Section 5, 33(3), 40, 42(a),

R/CR.MA/18437/2020 ORDER

42(d) of the Gujarat Money Landing Act.

4. Learned advocate Mr. Chintan Popat for the applicant submits that pending the original complaint, the parties have resolved the differences and now there is no dispute between the parties and the matter is settled between the parties and therefore, no fruitful purpose would be served, if the complaint is permitted to continue against the applicant herein.

5. Learned advocate Mr. Jeet Rajyguru appearing for the original complainant confirms what has been submitted by learned Advocate Mr. Chintan Popat for the applicant and further submits that the original complainant may be permitted to join the meeting. Permission is granted. Original complainant Niloferben w/o. Allrakh Sarifbhai Hala (Gameti) is permitted to join the meeting. Permission is granted.

6. Learned advocate Mr. Jeet Rajyaguru has identified the complainant. The complainant has joined the meeting and upon inquiry by this Court, she confirmed the fact of settlement arrived at between the parties and she further confirms that she would not have any objection, if the complaint is quashed.

7. Learned APP strongly objects to this application and submits that considering the allegations levelled against the applicant no interference

R/CR.MA/18437/2020 ORDER

may be made by this court in the impugned complaint. Learned APP Ms. Moxa Thakker strongly opposed the present application and she further submits that the offences committed by the applicant are serious in nature and therefore, no indulgence may be shown.

8. Having heard learned advocates for the respective parties, this Court is of the opinion that while allegations levelled in the complaint against the applicant are serious, but looking to the averments made in the affidavit filed by the complainant dated 13th November, 2020, more particularly, since the issue is resolved and that she 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 further.

9. In view of the discussions and observations above, the criminal complaint complaint/FIR being C.R. No.11203025200954 of 2020 registered

R/CR.MA/18437/2020 ORDER

with Junagadh Taluka Police Station, Junagadh dated 13th October, 2020 for the offence under Sections 384, 385, 294(b), 506(2) of the Indian Penal Code and Section 5, 33(3), 40, 42(a), 42(d) of the Gujarat Money Landing Act is hereby quashed and set aside qua the present applicant.

Rule is made absolute. Registry is directed to communicate this order to the concerned Police Station through Email immediately.

(NIKHIL S. KARIEL,J)

Pallavi