Gujarat High Court
Virendra Bhaninath Mahiya vs The State Of Gujarat on 23 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/15309/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15309 of 2018
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VIRENDRA BHANINATH MAHIYA
Versus
THE STATE OF GUJARAT
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Appearance:
G K VAGHANI(7830) for the Applicant(s) No. 1
MR MANAN A SHAH(5412) for the Applicant(s) No. 1
MR.NANDISH H THACKAR(7008) for the Respondent(s) No. 2
MS MOKSHA THAKKAR, ADDL 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 Ms. Pankti Shah for learned
advocate Mr. Manan A. Shah for the applicant, learned APP Ms.
Moksha Thakkar for the respondent No.1 - State and learned
Advocate Mr. Nandish H. Thackar for the respondent No.2.
2. Rule. Learned APP Ms. Moksha Thakkar waives service of
Rule for the respondent No.1 - State and learned Advocate
Mr.Nandish H. Thacker waives service of Rule for the respondent
No.2.
3. By way of present application, the applicants pray for
quashing of the complaint being FIR No. I - 261/2018 registered
with Salabatpura Police Station, Surat, dated 18.07.2018 for the
offences under Sections 406 and 420 of the Indian Penal Code.
R/CR.MA/15309/2018 ORDER
4. Learned Advocate Ms. Shah 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 served, if the complaint is allowed to proceed
any further. He therefore, prays to quash the complaint qua the
applicants.
5. Learned Advocate Mr. Nandish H. Thackar has drawn
attention of this Court to the order dated 26.11.2018 passed by the
Co - Ordinate bench of this Court (Coram: Sonia Gokani, J),
whereby the presence of the complainant was verified and under
such circumstances, fresh affidavit has been sworn by the
complainant, which is at page 98 -100 of the petition.
6. Learned APP Ms. Moksha 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 26.11.2018 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/15309/2018 ORDER
8. In view of the discussions and observations above, the
criminal complaint being being FIR No. I - 261/2018 registered
with Salabatpura Police Station, Surat, dated 18.07.2018 for the
offences under Sections 406 and 420 of the Indian Penal Code as
well as all consequential proceedings arising out of the same, is
hereby quashed and set aside qua the present applicant.
9. Rule is made absolute. Registry is directed to communicate
this order to the concerned Police Station through Email
immediately.
(NIKHIL S. KARIEL,J)
DRASHTI K. SHUKLA
