Gujarat High Court
Jujarbhai Suraji Parmar vs State Of Gujarat on 10 March, 2021
Bench: Nikhil S. Kariel
R/CR.MA/343/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 343 of 2021
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF
EARLY HEARING) NO. 1 of 2020
In
R/CRIMINAL MISC.APPLICATION NO. 343 of 2021
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JUJARBHAI SURAJI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MS MD MEHTA ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2021
ORAL ORDER
1. Heard learned Advocate Shri Rathin P. Raval for the applicants,
learned APP Ms. M.D. Mehta for the respondent No.1 - State and learned
Advocate Shri Nikhil Vyas for the respondent No.2 - original complainant.
3. Rule. Learned APP wavies service of Rule on behalf of the
respondent No.1 - State. Learned Advocate Shri Nikhil Vyas waives service
of Rule on behalf of the respondent No.2.
4. Vide order dated 20.01.2021, this Court while recording the
submissions of learned Advocate Shri Vyas that the matter is settled
between the parties and had also inquired if the complainant is present, he
may be permitted to join the meeting. Upon joining the meeting, the
R/CR.MA/343/2021 ORDER
complainant has confirmed that the matter is settled between the parties. At
the instance of learned APP to take instruction from the Investigating
Officer as to whether the settlement has taken place or not, the matter was
adjourned. Today, a report dated 04.02.2021, which is in the nature of
statement of the complainant is produced on record, which is recorded
before Investigating Office, which shows the fact of the settlement between
the complainant and the applicants.
8. Considering the submissions made by the learned Advocates for the
parties and considering the fact that the dispute between the parties was
private in nature and the fact that the complainant would have no objection,
if the complaint is quashed 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), this Court is of the opinion that no fruitful purpose would be served,
if the complaint is proceeded any further.
9. In view of the discussions and observations above, the criminal
complaint being I C.R. No.09 of 2019 registered with Damnagar Police
Station, Dist. Amreli, for the offences punishable under Sections 307, 323,
324, 504, 506(2), 338 and 34 of the Indian Penal Code and Section 135 of
the Gujarat Police Act, dated 16.04.2019 and all further proceedings arise
from the said complaint are hereby quashed qua the applicants.
Rule is made absolute. Registry is directed to communicate this order
to the concerned Police Station through Email immediately.
R/CR.MA/343/2021 ORDER
CRIMINAL MISC. APPLICATION No.1 of 2020 :
In view of the order passed in main matter, this application for early
hearing does not survive and hence, disposed of.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
