Gujarat High Court
Rupsangji Ranaji Jadeja vs State Of Gujarat on 28 January, 2021
Bench: Nikhil S. Kariel
R/CR.MA/303/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 303 of 2021
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RUPSANGJI RANAJI JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR ASHOK N PARMAR(2431) for the Applicant(s) No. 1,2
MR GAURANG K PATEL(2613) for the Respondent(s) No. 2
MS SHRUTI PATHAK ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/01/2021
ORAL ORDER
1. Heard learned Advocate Shri Ashok N. Parmar for the applicants,
learned APP Ms. Shruti Pathak for the respondent No.1 - State and learned
Advocate Shri Gaurange K. Patel for the respondent No.2.
2. Rule. Learned APP Ms. Shruti Pathak waives service of Rule for the
respondent No.1 - State and learned Advocate Shri Patel waives service of
Rule for the respondent No.2
3. By way of present application, the applicant prays for quashing of the
criminal complaint being C.R. No. 11205035200970 of 2020 registered with
Nakhtrana Police Station, Dist. Kutch-Bhuj dated 05.11.2020 for the
offences under Sections 143, 147, 148, 149, 323, 294(B), 506(2) and 452 of
the Indian Penal Code.
R/CR.MA/303/2021 ORDER
4. Learned Advocate Shri Parmar submits that the parties have resolved
dispute inter se and therefore, no fruitful purpose would be served, if the
complaint is permitted to continue to proceed any further against the
applicants herein.
5. Aforesaid submission is reiterated by the learned Advocate Shri Patel
for the complainant and he further submits that the complainant has already
filed an affidavit to this regard. He submits that the complainant - Sodha
Navubha Savaisinh is present and the complainant may be permitted to join
the meeting. Permission is granted.
Learned Advocate Shri Parmar has identified the complainant. The
complainant has joined the meeting and upon inquiry by this Court, he
confirms the fact of settlement and he further confirms that he would not
have any objection, if the complaint is quashed.
6. Learned APP Ms. Shruti Pathak 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.
7. Having heard learned Advocates for the respective parties and more
particularly, considering the affidavit filed by the original complainant on
19.12.2020 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.
R/CR.MA/303/2021 ORDER
8. In view of the discussions and observations above, the criminal
complaint being C.R. No.11205035200970 of 2020 registered with
Nakhtrana Police Station, Dist. Kutch-Bhuj dated 05.11.2020 for the
offences under Sections 143, 147, 148, 149, 323, 294(B), 506(2) and 452 of
the Indian Penal Code 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
