Rohitbhai Maheshbhai ... vs State Of Gujarat
2021 Latest Caselaw 7088 Guj

     R/CR.MA/25507/2017                       ORDER DATED: 28/06/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 25507 of 2017

                              With
       R/CRIMINAL MISC.APPLICATION NO. 24089 of 2017
======================================================
      ROHITBHAI MAHESHBHAI GANGAJALIYA & 1 other(s)
                             Versus
                 STATE OF GUJARAT & 1 other(s)
======================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2
GIRISH K PATEL(2770) 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 : 28/06/2021

                           ORAL ORDER

Heard learned Advocate Shri Mahesh Pujara for learned Advocate Shri Ashish M. Dagli for the applicants, learned Additional Public Prosecutor Ms. Maithili Mehta for the respondent State and learned Advocate Shri Girish K. Patel on behalf of the original complainant.

2. Vide order dated 21.06.2021, this Court had with regard to the submissions made on behalf of the parties that the matter is settled between the parties and whereas this Court had directed the complainant to go before the concerned Police Station and submit the statement of his defense.

3. Today learned Additional Public Prosecutor appraised, this Court that the original complainant appeared before the Investigating Officer and he has submitted a statement with

R/CR.MA/25507/2017 ORDER DATED: 28/06/2021

regard to the same.

4. Heard learned Advocate Shri Pujara as well as learned Advocate Shri Patel appearing for the parties.

5. In view of the settlement and in view of the confirmation before the Investigating Officer, this Court may be pleased to quash the complaint and considering the dispute is of a private nature 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.

8. In view of the discussion and observations made herein above, criminal complaint, bearing CR. No. I-101 of 2017 registered with Vanthali Police Station for the offence punishable under Sections 406, 420, 120(B) and 114 of the Indian Penal Code is hereby quashed.

10. Registry is directed to communicate this order to the concerned Police station through e-mail immediately.

(NIKHIL S. KARIEL,J) MARY VADAKKAN