Gujarat High Court
Rajshri Krishanprasad Mati vs State Of Gujarat on 4 April, 2022
Bench: A.S. Supehia
R/SCR.A/2586/2022 ORDER DATED: 04/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2586 of 2022
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RAJSHRI KRISHANPRASAD MATI
Versus
STATE OF GUJARAT
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Appearance:
MR. MN MARFATIA(6930) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 04/04/2022
ORAL ORDER
1. With the consent of learned advocates for the petitioners as well as
for respondent No.2 - original complainant, the present petition is taken
up for final disposal today.
2. RULE. Learned advocates appearing for the respective parties
waive service of Rule for the respective respondents.
3. By way of the present petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short the 'Code'), the petitioners pray for
quashing and setting aside F.I.R. being C.R.No.I-116 of 2018 registered
with Amreli City Police Station, District Amreli for the offence
punishable under Sections 498A, 406, 504, 506(1) and 114 of the Indian
Penal Code, 1860 (IPC).
4. At the outset, it is submitted that the parties have amicably
resolved the dispute. In support of such submission made at bar by the
learned advocates appearing for the respective parties, they have placed
on record an affidavit dated 04.04.2022 of settlement of dispute duly
signed by the respondent No.2-complainant. The complainant Komal
Rajshri Mati is present before this Court. She has specifically stated
R/SCR.A/2586/2022 ORDER DATED: 04/04/2022
before this Court that she has settled the matter with the petitioners and
she has no ill-will against the present petitioners. The complainant has
voluntarily made a statement that she has no undue pressure and coercion
from the petitioners and she has settled the matter with her free will.
5. Learned APP has opposed the quashing of the complaint on the
ground of settlement and has placed reliance on the judgment of the
Supreme Court in the case of State of Madhya Pradesh V/s. Laxmi
Narayan, reported in (2019) 5 SCC 688 in support of his submissions.
6. Under the circumstances, since the complainant does not want to
proceed with the impugned FIR, and she has settled the matter, the
chances of the conviction of the petitioners are very bleak and hence the
further continuation of the trial would be a futile exercise, and would
amount to abuse of process of law, the impugned F.I.R. is required to be
quashed and set aside.
7. Resultantly, this application is allowed. Impugned F.I.R. being
C.R.No.I-116 of 2018 registered with Amreli City Police Station, District
Amreli and all other consequential proceedings arising out of said FIR are
hereby quashed and set aside qua the present petitioners only. Rule is
made absolute to the aforesaid extent.
8. Learned advocate Ms.Palak Dalal is permitted to file a
vakalatnama on behalf of the complainant.
Direct service is permitted.
(A. S. SUPEHIA, J)
ABHISHEK/25
