Jayeshbhai Narvatbhai Ravat vs State Of Gujarat
2021 Latest Caselaw 7572 Guj

      R/CR.MA/21273/2018                             ORDER DATED: 02/07/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 21273 of 2018


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                           JAYESHBHAI NARVATBHAI RAVAT
                                      Versus
                                STATE OF GUJARAT
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Appearance:
SHIVAM H CHOKSHI(9120) for the Applicant(s) No. 1
KARISHMA R CHAUHAN(9136) for the Respondent(s) No. 2
MS. MAITHILI MEHTA ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 02/07/2021

                                   ORAL ORDER

Heard learned Advocate Shri Shivam Chokshi for the applicant, learned Additional Public Prosecutor Ms. Maithili Mehta for the respondent No.1-State and learned Advocate Ms. Karishma R. Chauhan for the respondent no.2-original complainant.

1.1 Rule. Learned Advocates for the respective parties waives service of Rule on behalf of the respondents.

2. Vide order dated 25.06.2021, this Court had recorded submissions of learned Advocate Shri Chokshi and learned Advocate Ms Chauhan for the respondent no.2- original complainant, that the matter is settled between the parties and whereas upon request made by learned Advocate Ms. Chauhan, the original complainant was permitted to join the

R/CR.MA/21273/2018 ORDER DATED: 02/07/2021

meeting who upon inquiry made by this Court, the original complainant had confirmed the the fact of settlement and the fact that she would not have any objections if the complaint is quashed. Learned Advocate Ms. Chauhan has also pointed out that affidavit stating the settlement between the parties had also been filed by the respondent-original complainant. The matter have been kept for verification with the learned APP. Today learned APP has stated that the Investigating Offier has verified and the fact of settlement between the parties is genuine.

3. Having heard learned Advocates for the respective parties and more particularly, considering the affidavit filed by the original complainant and also considering the judgments of the Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Cenral 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. Sate of Punajb & 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.

4. In view of the discussion and observations made herein above, criminal complaint, bearing CR. No. I-94 of 2018 registered with Limkheda Police Station, District-Dahod for the offences punishable under Sections 363, 376 of the Indian Penal Code and also consequential action thereupon is hereby quashed.

R/CR.MA/21273/2018 ORDER DATED: 02/07/2021

5. Rule is made absolute. Registry is directed to communicate this order to the concerned Police station through e-mail immediately.

(NIKHIL S. KARIEL,J) MARY VADAKKAN