Madhavlal Nanjibhai Butani vs State Of Gujarat
2021 Latest Caselaw 6112 Guj

         R/CR.MA/18435/2018                       ORDERDATED:16/06/2021




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 18435 of 2018

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            MADHAVLAL NANJIBHAI BUTANI
                        Versus
             STATE OF GUJARAT & 1 other(s)
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Appearance:
MS RV ACHARYA(1124) for the Applicant(s) No. 1
MR DIPAL R RAVAIYA(6532) 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 : 16/06/2021

                                ORAL ORDER

Heard learned Advocate Ms. R.V Acharya for the applicant, learned Additional Public Prosecutor Ms. Maithili Mehta for the respondent­State and learned Advocate Shri Dipal R Ravaiya for the respondent no.2.

2. Rule returnable forthwith. Learned Advocates for the respective parties waives service of Rule.

3. By way of this application, the applicant has prayed for quashing of the criminal Complaint being C.R No. II 130 of

R/CR.MA/18435/2018 ORDERDATED:16/06/2021

2018, registered before the Junagadh "A" Division Police Station dated 21.07.2018 for the offences punishable under Sections 506(1), 114 of the Indian Penal Code and for the offences punishable under Sections 42(1)(A) of Gujarat Money Lenders Act. As noted by this Court, on the last occasion, learned Advocate for the complainant has submitted an affidavit which shows that the applicants and the complainant have settled and requested to quash the complaint. The complainant at the relevant point of time was directed by this Court to give statement before the Investigating Officer at Junagadh 'A' Division Police Station, Junagadh.

4. Learned APP has produced the statement of complainant Harsukhbhai Dalpatbhai Tita dated 7.04.2021, whereby the complainant has submitted that he has settled with the accused without any threat or coercion.

5. 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 190 and Narinder Singh @ Ors. Vs. State of Punajab & 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.

R/CR.MA/18435/2018 ORDERDATED:16/06/2021

6. Considering the same, the criminal complaint C.R. No. II 130 of 2018 registered before the Junagadh "A" Division Police Station on 21.07.2018 for the offences punishable under Sections 506(1), 114 of the Indian Penal Code and for the offences punishable under Sections 42(1)(A) of Gujarat Money Lenders Act qua the present applicant­accused no.7 is hereby quashed.

10. Rule is made absolute. Registry is directed to communicate this order to the concerned Police station through E­mail immediately.

(NIKHILS. KARIEL,J) MARYVADAKKAN