Mohsinkhan Mustakkhan Pathan vs State Of Gujarat
2022 Latest Caselaw 3961 Guj

      R/CR.MA/4954/2022                              ORDER DATED: 04/04/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 4954 of 2022

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                          MOHSINKHAN MUSTAKKHAN PATHAN
                                      Versus
                                STATE OF GUJARAT
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Appearance:
Z L KHAN(7966) for the Applicant(s) No. 1,2
MR MOHMMEDIMRAN R NAGORI(12205) 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 applicants 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 applicants pray for quashing and setting aside F.I.R. being C.R.No.11191028220418 of 2022 registered with Vejalpur Police Station, Ahmedabad City for the offence punishable under Sections 294(b), 506(2) 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 30.03.2022 of settlement of dispute duly signed by the respondent No.2-complainant. The complainant Asrar

R/CR.MA/4954/2022 ORDER DATED: 04/04/2022

Gulhamid Saiyed is present before this Court. He has specifically stated before this Court that he has settled the matter with the applicants and he has no ill-will against the present applicants. The complainant has voluntarily made a statement that he has no undue pressure and coercion from the applicants and he has settled the matter with his 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 he has settled the matter, the chances of the conviction of the applicants 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.11191028220418 of 2022 registered with Vejalpur Police Station, Ahmedabad City and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the present applicants only. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(A. S. SUPEHIA, J) ABHISHEK/106