Rushi Asitkumar Bhatt vs State Of Gujarat
2021 Latest Caselaw 3546 Guj

       R/SCR.A/6036/2020                                    ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 6036 of 2020

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                           RUSHI ASITKUMAR BHATT
                                    Versus
                             STATE OF GUJARAT
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Appearance:
ANUJ H DAVE(8333) for the Applicant(s) No. 1
NOTICE SERVED(4) 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 : 26/02/2021

                                ORAL ORDER

1. Heard learned Advocate Mr. Anuj H. Dave for the applicant and learned APP Ms. Moksha Thakkar for the respondent No.1 - State. Though served, nobody appears for respondent No.2.

2. Rule. Learned APP Ms. Moksha Thakkar waives service of Rule for the respondent No.1 - State.

3. By way of present application, the applicant prays for quashing of the complaint being FIR No.11191032200233 of 2020 registered with Maninagar Police Station, Ahmedabad, dated 14.04.2020 for the offences under Sections 188 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

4. Learned Advocate Mr. Dave for the applicant submits that during the pendency of the present application, the parties have settled the dispute inter se. He further submits that no fruitful

R/SCR.A/6036/2020 ORDER

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 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.

6. Having heard learned Advocates for the respective parties 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, 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.

7. In view of the discussions and observations above, the criminal complaint being being FIR No.11191032200233 of 2020 registered with Maninagar Police Station, Ahmedabad, dated 14.04.2020 for the offences under Sections 188 of the Indian Penal Code and Section 135 of the Gujarat Police Act and all consequential proceedings arising therefrom, is hereby quashed and set aside qua the present applicants.

8. 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