Gujarat High Court
Kirti Ranchhodbhai Patel ... vs State Of Gujarat on 4 April, 2022
Bench: A.S. Supehia
R/CR.MA/5164/2022 ORDER DATED: 04/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5164 of 2022
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KIRTI RANCHHODBHAI PATEL (ADALJA)
Versus
STATE OF GUJARAT
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Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
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 applicant as well as
for respondent No.2 - original complainant, the present application 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 applicant prays for
quashing and setting aside F.I.R. being C.R.No.11191042220141 of 2022
registered with Satellite Police Station, Ahmedabad City for the offence
punishable under Sections 324, 294(b), 506(2) and 114 of the Indian
Penal Code, 1860 (IPC) and under Section 135(1) of the Gujarat Police
Act.
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 05.03.2022 of settlement of dispute duly
signed by the respondent No.2-complainant. The complainant Komalben
R/CR.MA/5164/2022 ORDER DATED: 04/04/2022
D/o Nandubhai Panchal is present before this Court. She has specifically
stated before this Court that she has settled the matter with the applicant
and she has no ill-will against the present applicant. The complainant has
voluntarily made a statement that she has no undue pressure and coercion
from the applicant 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 applicant 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.11191042220141 of 2022 registered with Satellite Police Station,
Ahmedabad City and all other consequential proceedings arising out of
said FIR are hereby quashed and set aside qua the present applicant only.
Rule is made absolute to the aforesaid extent.
8. Learned advocate Mr.Suresh Chaudhary is permitted to file a
vakalatnama on behalf of the complainant.
Direct service is permitted.
(A. S. SUPEHIA, J)
ABHISHEK/33
