Gujarat High Court
Meenu Kumari W/O Ravindra Patel vs State Of Gujarat on 27 September, 2021
Bench: Ilesh J. Vora
R/CR.MA/14511/2021 ORDER DATED: 27/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14511 of 2021
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MEENU KUMARI W/O RAVINDRA PATEL
Versus
STATE OF GUJARAT
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Appearance:
MOHAMADZAID I SAIYED(8411) for the Applicant(s) No. 1
MR JAYDEEP V DESAI(9970) for the Applicant(s) No. 1
DEEPAK N KHANCHANDANI(7781) for the Respondent(s) No. 2
MS.SHRUTI PATHAK APP(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 27/09/2021
ORAL ORDER
[1] Considering the issues involved in the present
application and with consent of the learned advocates
appearing for the respective parties as well as considering the
fact that the dispute amongst the applicant and respondent
No.2 has been resolved amicably, this application is taken up
for final disposal forthwith.
[2] Rule. Learned Additional Public Prosecutor as well
as learned advocate appearing for the Complainant waive
service of Rule on behalf of the respective respondents.
[3] By way of this application under Section 482 of the
Code of Criminal Procedure, 1973 (hereinafter referred to as
"the Code"), the applicant has prayed for quashing and setting
aside F.I.R. bearing C.R.No.11191008211205 of 2021
registered with Chadkheda Police Station, Dist. Ahmedabad
City for the offences punishable under Sections 380 & 454 of
the Indian Penal Code and to quash all other consequential
R/CR.MA/14511/2021 ORDER DATED: 27/09/2021
proceedings arising out of the aforesaid FIR qua the applicant.
[4] Heard learned advocates for the respective parties.
[5] Learned advocate for the applicant submits that the
applicant has not named in the FIR and there is no past
antecedents of like nature. Both the learned advocates would
submit that during the pendency of present application, the
matter is amicably settled amongst the parties and therefore,
any further continuation of the proceedings pursuant to the
impugned FIR would create hardship to the parties and further
continuation of the proceedings would amount to abuse of
process of law.
[6] Learned Additional Public Prosecutor appearing for
the State has opposed the present application and submitted
that the theft charge in the society is registered against the
present applicant and she also placed reliance on the
judgment in the case of Laxminarayan Vs. State of M.P.
Therefore, considering the seriousness of the offence, the
complaint in question may not be quashed and the present
application may be rejected.
[7] Having heard the learned advocates for the parties
and considering the facts of settlement and law laid down by
the Apex Court [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 31, Manoj Sharma Vs. State & Ors.,
reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs.
R/CR.MA/14511/2021 ORDER DATED: 27/09/2021
State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC),]
this Court is of the considered view that further continuation of
the criminal proceedings in relation to the impugned FIR would
nothing but unnecessary harassment to the parties and trial
thereon would be futile and further continuation of the
proceedings would amount to abuse of process of law. Thus, to
secure the ends of justice, the impugned FIR is required to be
quashed and set aside in exercise of powers conferred under
Section 482 of the Code.
[8] Resultantly, this application is allowed and the
impugned FIR bearing C.R.No.11191008211205 of 2021
registered with Chadkheda Police Station, Dist. Ahmedabad
City filed against present applicant is hereby quashed and set
aside and all other proceedings arising out of the aforesaid FIR
are also quashed and set aside qua the applicant. Accordingly,
Rule is made absolute.
Direct service permitted.
(ILESH J. VORA,J)
Manoj
