Gujarat High Court
Farid Ahemad Munnabhai Shekh vs State Of Gujarat on 24 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/12323/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12323 of 2020
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FARID AHEMAD MUNNABHAI SHEKH
Versus
STATE OF GUJARAT
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Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No.
1,2,3
MR SURESHKUMAR M CHAUDHARY(9938) for the Applicant(s)
No. 1,2,3
MS ARTI MADANGOPAL RAJPUT(8254) for the Respondent(s)
No. 2
MS MAITHILI D MEHTA, ADDITIONAL PUBLIC PROSECUTOR(2)
for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 24/02/2021
ORAL ORDER
1. Heard learned Advocate Mr. Sanjay Prajapati on
behalf of the applicants, learned APP Ms.
Maithili D. Mehta on behalf of the respondent
No.1State and learned Advocate Ms. Arti
Madangopal Rajput 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.I11191007200879 of 2020 dated 23rd
R/CR.MA/12323/2020 ORDER
July , 2020 registered with Bapunagar Police
Station, Ahmedabad for the offence punishable
under Sections 323, 114, 324, 294(B), 506(2) of
the India Penal Code and under Section 135(1) of
the Gujarat Police Act.
4. Learned Advocate Mr. Sanjay Prajapati 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. Learned advocate Ms. Arti Madangopal Rajput
appearing for the original complainant submits
that she has filed an affidavit to this regard
at page No.15 of the present application. She
submits that the complaint-Mohammad Ismail s/o.
Mohammad Jamal Shekh may be permitted to join
the meeting. Permission is granted.
6. Learned advocate Ms. Arti Madangopal Rajput has
identified the complainant. The complainant has
joined the meeting and upon inquiry by this
Court, he confirmed the fact of settlement
arrived between the parties and he further
confirms that he would not have any objection,
if the complaint is quashed.
7. Learned APP Ms. Maithili D. Mehta strongly
opposed the present application and she further
submits that the offences committed by the
R/CR.MA/12323/2020 ORDER
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 4th August, 2020 more
particularly, since the issue is resolved and
that he 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 being I
C.R.No.11191007200879 of 2020 registered with
Bapunagar Police Station, Ahmedabad dated 23rd
July, 2020 for the offence under Sections 323,
114, 324, 294(B), 506(2) of the Indian Penal
Code and all consequential proceedings arising
R/CR.MA/12323/2020 ORDER
therefrom 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
