Gujarat High Court
Manish Chimanbhai Patel vs State Of Gujarat on 11 January, 2021
Bench: Nikhil S. Kariel
R/SCR.A/1172/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1172 of 2015
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MANISH CHIMANBHAI PATEL
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR PR ABICHANDANI(102) for the Respondent(s) No. 2
MS MOXA THAKKAR APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 11/01/2021
ORAL ORDER
1. Heard learned Advocate Shri Zubin F. Bharda for the applicant,
learned APP Ms. Moxa Thakkar for the respondent No.1 State and learned
Advocate Shri P.R. Abichandani for the respondent No.2.
2. Rule returnable forthwith. Learned APP Ms. Moxa Thakkar waives
service of Rule on behalf of the respondent No.1 and learned Advocate Shri
P.R. Abichandani waives service of Rule on behalf of the respondent No.2 -
original complainant.
3. By way of present application, the applicant - original accused No.1
prays for quashing of the complaint being C.R. I - 140 of 2014 registered
with Jalalpore Police Station, District: Navsari, dated 26.11.2014 for the
offences under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the
Indian Penal Code.
4. Originally, notice had been issued by this Court on 02.03.2015 and
R/SCR.A/1172/2015 ORDER
whereas now it is informed by learned Advocate Shri Abichandani appearing
for the respondent No.2 that the parties to the complaint have settled the
issue inter se and the complainant does not want to proceed any further
with the complaint.
5. Learned Advocate Shri Bharda submits that in view of the submission
of the learned Advocate for the respondent No.2 - original complainant,
more particularly, an affidavit confirming about the settlement filed by the
complainant, no fruitful purpose would be served, if the complaint is not
quashed. Learned Advocate Shri Bharda further points out that the Co-
ordinate Bench of this Court (Coram: J.B. Pardiwala, J.) has passed order
dated 15.12.2015 in Criminal Misc. Application No. 6323 of 2015 with
Criminal Misc. Application Nos.653 of 2015 and 23341 of 2015, whereby
the complaint against the co-accused had been quashed on the ground of
settlement between the parties. Therefore, he submits that the complaint
may be quashed against the present applicant as well.
6. Learned APP Ms. Moxa Thakkar strongly opposed the quashing of
the complaint 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
22.12.2016 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, 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 ) and considering essentially, the dispute is of
R/SCR.A/1172/2015 ORDER
private nature as well as the complaint in so far against the co-accused had
been quashed by this Court, this Court is of the opinion that no fruitful
purpose would be served, if the complaint is proceeded any further.
8. In view of the discussions and observations above, the criminal
complaint being being C.R. I - 140 of 2014 with Jalalpore Police Station,
District: Navsari, dated 26.11.2014 for the offences under Sections 406, 420,
465, 467, 468, 471 and 120(B) of the Indian Penal Code 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)
Y.N. VYAS
