Bilal Abdullahbhai Diwali vs State Of Gujarat
2022 Latest Caselaw 4008 Guj

     R/CR.MA/4966/2022                           ORDER DATED: 05/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 4966 of 2022
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                         BILAL ABDULLAHBHAI DIWALI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
UMARFARUK M KHARADI(8155) for the Applicant(s) No. 1,2,3,4,5,6,7,8
MR Y.U. MALIK 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. 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 CR No.11207002220087 of 2022 registered with Godhra "B" Division Police Station, Panchmahals for the offence punishable under Sections 4(3) of the Gujarat Land Grabbing (Prohibition) Act, 2020.

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 05.04.2022 of settlement of dispute duly signed by the respondent No.2- complainant. The complainant-Muhammed Ikbal Ismail Kathadi is present before this Court. He has specifically stated before this

R/CR.MA/4966/2022 ORDER DATED: 05/04/2022

Court that he 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 he has no undue pressure and coercion from the applicants and he 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 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 CR No.11207002220087 of 2022 registered with Godhra "B" Division Police Station, Panchmahals, 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.

8. Learned advocate Mr.Y.U.Malik, is permitted to file a Vakalatnama on behalf of the complainant.

Direct service is permitted.

(A. S. SUPEHIA, J) MAHESH BHATI/117