Gujarat High Court
Mehul Ajit Pithawala vs State Of Gujarat on 21 June, 2021
Bench: Nikhil S. Kariel
R/CR.MA/5680/2021 ORDER DATED: 21/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5680 of 2021
With
R/CRIMINAL MISC.APPLICATION NO. 28722 of 2017
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MEHUL AJIT PITHAWALA
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
NOTICE SERVED(4) 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 : 21/06/2021
ORAL ORDER
Criminal Misc. Application No. 5680 of 2021
Learned Advocate Shri Chirag Upadhyay is permitted to
file vakalatnama in Criminal Misc. Application No. 5680 of
2021.
1.1 Rule. Learned Additional Public Prosecutor waives
service Rule on behalf of the respondent-State.
2. Heard learned Advocate Shri Virat G. Popat on behalf of
the applicant and learned Additional Public Prosecutor Ms.
Mehta for the respondent-State.
3. By way of this application, the applicant prays for
quashing of the criminal complaint being I-CR No. 299 of
2017, registered with Umra Police Station, District-Surat, for
R/CR.MA/5680/2021 ORDER DATED: 21/06/2021
the offences punishable under Sections 409, 406, 420 and 114
of the Indian Penal Code.
4. Vide order dated 06.05.2021, (Coram :Shri Vipul
Pancholi,J.) had recorded the presence of original complainant
and also the fact of original complainant's confirming about
the dispute having been settled and the complainant having
no objection if the impugned complaint is quashed.
5. It appears that the complainant has also filed affidavit in
this petition whereby she has stated that she would not have
any objection to the complaint being quashed qua the
applicants herein also.
6. Learned Additional Public Prosecutor, at the relevant
point of time had been directed to verify and take instructions
in the matter. Today learned APP submits that the matter
indeed has been settled between the parties.
7. Considering the same, and considering the fact that
essentially the complaint is of a private dispute between the
parties 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
R/CR.MA/5680/2021 ORDER DATED: 21/06/2021
complaint is proceeded any further.
8. In view of the discussion and observations made herein
above, the criminal complaint being I-CR No. 299 of 2017
registered with Umra Police Station, District Surat, for the
offences punishable under Sections 409, 406, 420, and 114 of
the Indian Penal Code is hereby quahsed qua applicant.
9. Registry is directed to communicate this order to the
concerned Police Station through-email immediately.
Criminal Misc. Application No. 28722 of 2017
Heard learned Advocate Shri Virat G. Popat on behalf of
the applicant and learned Additional Public Prosecutor Ms.
Mehta for the respondent-State.
2. The present applicants being original accused nos. 2, 3
and 4 had prayed for quashing of the above referred
complaint and whereas vide dated 27.11.2017, this Court
(Coram : Shri J.B Paridwala,J.) had been pleased to grant
interim relief in terms of para 9(c) i.e of staying the further
investigation and further proceedings with respect to the
impugned FIR till further orders. The said interim relief have
been confirmed by this Court (Coram :Shri Umesh Trivedi,J.)
while issuing Rule.
3. It appears that the accused no.1 had preferred Criminal
Misc. Application No. 5680 of 2021 and whereas vide order
dated 06.05.2021, in the said order this Court (Coram : Shri
R/CR.MA/5680/2021 ORDER DATED: 21/06/2021
Vipul Pancholi,J.) had recorded the fact of learned Advocates
having been submitted that the matter has been settled
between the parties and this Court had also noted that the
original complainant has also confirmed about the fact of
settlement and also confirmed that she would not have any
objection if the complaint is quashed.
4. It appears that the complainant has also filed affidavit in
this petition whereby she has stated that would not have any
objection to the complaint being quashed qua the applicants
herein also. As such fact of settlement has also been verified
by the learned Additional Public Prosecutor as recorded in
order dated 21.06.2021 in cognate matter and since now the
parties have settled interse between them and since the
matter is essentially with regard to the financial dispute
between the complainant and the accused no.1, in view of the
quashment of the complaint in so far as the accused no.1 is
concerned on the ground of settlement, and the considered
opinion of this Court, no fruitful purpose would be served, if
the complaint is not quashed, against the accused nos. 2, 3
and 4 i.e present applicants are concerned and, hence, in view
of the order dated 21.06.2021 in Criminal Misc. Application
No. 5680 of 2021, the impugned complaint is quashed qua the
accused nos. 2, 3 and 4 i.e applicants herein.
5. Registry is directed to communicate this order to the
concerned Police Station through e-mail immediately.
(NIKHIL S. KARIEL,J)
MARY VADAKKAN
