Gujarat High Court
Parshottambhai Gangarambhai Nai vs State Of Gujarat on 5 July, 2021
Bench: Nikhil S. Kariel
R/CR.MA/22812/2018 ORDER DATED: 05/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 22812 of 2018
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PARSHOTTAMBHAI GANGARAMBHAI NAI & 3 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR KUNTAL A JOSHI(6269) for the Applicant(s) No. 1,2,3,4
MR NARANBHAI D ASAL(11055) for the Respondent(s) No. 2
MS.M.D.MEHTA, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 05/07/2021
ORAL ORDER
1. Heard learned Advocate Shri Urvesh Prajapati for
learned Advocate Shri Kuntal A. Joshi on behalf of the
applicants, learned APP Ms. M.D.Mehta on behalf of
respondent - State and learned Advocate Shri Naranbhai
D. Asal on behalf of respondent no.2- original
complainant.
2. Rule. Learned APP waives service of rule on behalf
of respondent State and learned Advocate Shri Asal
waives service of rule on behalf of respondent no.2-
original complainant.
3. By way of this application under Section 482 of the
Code of Criminal Procedure, 1973, the applicant prays for
quashing of Criminal Complaint being C.R. No. -I- 62 of
R/CR.MA/22812/2018 ORDER DATED: 05/07/2021
2018 registered on 16.11.2018 with Vav Police Station,
District: Banaskantha for the offences punishable under
Sections 323, 326, 506(2) and 114 of the Indian Penal
Code, 1860 and Section 135 A of the Gujarat Police Act
read with Section 3 (1) (R) (S) and Section 3 (2) (5) of the
Scheduled Casters and Scheduled Triber (Prevention of
Atrocities) Act, 1989.
4. Learned Advocate Shri Prajapati for the applicant as
well as learned Advocate Shri Asal for the complainant
jointly submit that after filing of the complaint, due to
intervention of elders of the village, the parties have
settled the matter inter se and the complainant would not
like to proceed with the application any further.
5. Learned Advocate Shri Asal for the complainant
further submits that an affidavit submitting as much has
been filed by the original complainant. He further submits
that respondent no.2-original complainant - Tulsibhai
Vastabhai Gohil is present and he may be permitted to
join the meeting. Permission is granted. Upon joining the
meeting the said complainant is identified by learned
Advocate Shri Asal and upon inquiry by this, he submits
that matter is settled between the parties and he does not
have any objections if the complaint is quashed.
6. Learned APP Ms. Mehta strongly opposes this
application by submitting that since serious allegations
R/CR.MA/22812/2018 ORDER DATED: 05/07/2021
have been levelled against the applicant , no indulgence
may be shown by this Court.
7. Having heard the 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) 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) and
considering the facts of the dispute which is essentially
private in nature, it becomes clear that no fruitful
purpose would be served, if the complaint is not quashed
since the investigation and the consequential trial would
be an exercise in futility as the complainant himself
clarifies and confirms that he has settled the issue with
the applicants in the criminal complaint.
8. For the reasons stated hereinabove, the Criminal
Complaint being C.R. No. -I- 62 of 2018 registered on
16.11.2018 with Vav Police Station, District: Banaskantha
for the offences punishable under Sections 323, 326,
506(2) and 114 of the Indian Penal Code, 1860 and
Section 135 A of the Gujarat Police Act read with Section
3 (1) (R) (S) and Section 3 (2) (5) of the Scheduled
R/CR.MA/22812/2018 ORDER DATED: 05/07/2021
Casters and Scheduled Triber (Prevention of Atrocities)
Act, 1989 and all consequential proceedings arising
therefrom qua the applicant are quashed. Rule is made
absolute.
Registry is directed to communicate this order to the
concerned authority through E-mail.
(NIKHIL S. KARIEL,J)
VARSHA DESAI
