Umarsharukh S/O Iqbalhussain ... vs State Of Gujarat
2022 Latest Caselaw 4006 Guj

     R/CR.MA/2969/2022                                           ORDER DATED: 05/04/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 2969 of 2022
==========================================================
                    UMARSHARUKH S/O IQBALHUSSAIN SIDI
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR DIPEN K DAVE(3296) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                  Date : 05/04/2022
                   ORAL ORDER

1. Learned advocate Mr.Sajid Kariyaniya appears on behalf of the complainant. 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 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.I-29 of 2017 registered with Vejalpur Police Station, District Ahmedabad for the offence punishable under Sections 376, 406 and 506 of the Indian Penal Code, 1860 (IPC) and the subsequent proceedings of Criminal Case No.5833 of 2017, which is pending before the Chief Judicial Magistrate Court, Ahmedabad Rural.

R/CR.MA/2969/2022 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 06.03.2022 of settlement of dispute duly signed by the respondent No.2 - complainant. The complainant simran D/o. Yunusbhau Almubrik 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 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 her 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

R/CR.MA/2969/2022 ORDER DATED: 05/04/2022

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-29 of 2017 registered with Vejalpur Police Station, District Ahmedabad for the offence punishable under Sections 376, 406 and 506 of the Indian Penal Code, 1860 (IPC) and the subsequent proceedings of Criminal Case No.5833 of 2017 are hereby quashed and set aside qua the applicant only. Rule is made absolute to the aforesaid extent.

8. Registry is directed to intimate the concerned authority and the concerned Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode.

9. Learned advocate for the applicant is also permitted to send a copy of this order to the concerned authority/Court through Fax message, email and/or any other suitable electronic mode.

Sd/-

(A. S. SUPEHIA, J) NVMEWADA