Evenjila @ Doly W/O Suryakant ... vs State Of Gujarat
2022 Latest Caselaw 4002 Guj

     R/CR.MA/6471/2022                                     ORDER DATED: 05/04/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 6471 of 2022
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                 EVENJILA @ DOLY W/O SURYAKANT GUPTA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1,2,3
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.Suresh Chaudhary appears on behalf of the complainant-respondent No.2. Registry shall accept his vakaltnama. 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.I-116 of 2018 registered before Shahibaug Police Station, Ahmedabad for the offences punishable under Sections 384, 507, 294(B) and 114 of the Indian Penal Code, 1860 and under Section 131 of the Money Lenders Act and charge-sheet being Criminal Case No.85048 of 2018 pending before the Chief Metro Magistrate Court, Ahmedabad.

R/CR.MA/6471/2022 ORDER DATED: 05/04/2022

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 09.02.2022 of settlement of dispute duly signed by the respondent No.2 - complainant - Renukaben W/o. Manishkumar Gupta. She has specifically stated before this Court that she has settled the matter with the applicants and she has no ill-will against the present applicants. The complainant has voluntarily made a statement that she has no undue pressure and coercion from the applicants 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, (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 she 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

R/CR.MA/6471/2022 ORDER DATED: 05/04/2022

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. The impugned F.I.R. being C.R.No.I-116 of 2018 registered before Shahibaug Police Station, Ahmedabad and charge-sheet being Criminal Case No.85048 of 2018 pending before the Chief Metro Magistrate Court, Ahmedabad are 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