Shaktisinh @ Shakyasinh ... vs State Of Gujarat
2022 Latest Caselaw 4000 Guj

     R/CR.MA/5347/2022                                   ORDER DATED: 05/04/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5347 of 2022
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           SHAKTISINH @ SHAKYASINH JITENDRASINH CHAVDA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR MANOJ SHRIMALI(2331) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                 Date : 05/04/2022
                                  ORAL ORDER

1. Learned advocate Mr.V.R.Pansala appears on behalf of the complainant-respondent No.2. Registry shall accept his vakalatnama. The complainant is present before this Court.

2. RULE. Learned advocates appearing for the respective parties waive service of Rule for the respective respondents.

3. By way of the present application, the applicants pray for quashing and setting aside the impugned F.I.R. being C.R.No.11203030220113 of 2022 registered before Keshod Police Station, Junagadh for the offences punishable under Sections 323, 506(2), 294(B) and 114 of the Indian Penal Code, 1860 and under Section 135 of the Gujarat Police Act.

4. At the outset, it is submitted that the parties have amicably resolved the dispute. In

R/CR.MA/5347/2022 ORDER DATED: 05/04/2022

support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record an affidavit dated 07.03.2022 of settlement of dispute duly signed by the respondent No.2 - complainant - Ravjibhai Govindbhai Chavda. 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, (2019) 5 SCC 688 in support of her submissions.

6. Under the circumstances, since the complainant does not want to proceed with the proceedings, 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 order is required to be quashed and set aside.

R/CR.MA/5347/2022 ORDER DATED: 05/04/2022

7. Resultantly, this application is allowed. The impugned F.I.R. being C.R.No.11203030220113 of 2022 registered before Keshod Police Station, Junagadh is hereby quashed and set aside qua the applicants only. Rule is made absolute to the aforesaid extent. Direct service is permitted.

Sd/-

(A. S. SUPEHIA, J) NVMEWADA