Parag Arvind Patel vs State Of Gujarat
2023 Latest Caselaw 5495 Guj

                                                                              NEUTRAL CITATION




     R/CR.MA/15476/2020                         ORDER DATED: 01/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15476 of 2020

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                          PARAG ARVIND PATEL
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR VANDAN K BAXI(5863) for the Applicant(s) No. 1
MS PRACHITI V SHAH(9990) for the Applicant(s) No. 1
NANAVATI & NANAVATI(1933) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
SERVED BY PUBLICATION IN NEWS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                          Date : 01/08/2023

                            ORAL ORDER

1. Rule returnable forthwith. Mr. Soaham Joshi, learned

APP waives service of notice of rule for respondent no.1 -

State.

The respondent no.2 although served with the notice of

rule issued by this Court, yet has chosen not to appear before

this Court either in person or through an advocate and oppose

this application.

2. By this application under Section 482 of the Code of

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Criminal Procedure, 1973, the applicants-original accused

persons seek to invoke the inherent powers of this Court

praying for quashing of the F.I.R. being C.R.

No.11191044200102 of 2020 filed before the Ghatlodia Police

Station, District-Ahmedabad, for the offence punishable under

Sections-507 of the I.P.C.

3. The brief facts of the present case are as under:-

3.1 That the complainant is residing at the address

mentioned in the cause title above since last one year and he

is working as a Group Class trainer in Sports Club of Gujarat,

Sardar Patel Stadium since July 2019. It is alleged in the

impugned FIR that on 09.03.2020 in afternoon at around 12

o'clock, when the complainant was at his home, he received a

call from unknown mobile no. being 9825044550, wherein he

received a threat of beating in connection with his message

about training in the Sports Club. It is further alleged that

thereafter at around 9.30 in the evening, the Complainant had

received a phone call from Mobile No.9642929955 and

informed the Complainant to give his letter of apology to

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Sports Club of Gujarat and upon denial by the Complainant,

the person calling from that number had threatened the

Complainant of beating. It is further alleged that on

13.03.2020, the Complainant had received a phone call from

Mobile No.9714955457 in the night hours on his Mobile

No.6358821975 and informed the complainant that a

complaint has been filed against him. The Complainant had

also informed the caller that he is also going to file a Police

Complaint and thereafter, the caller had also threatened the

complainant of beating. Therefore, with such allegations, the

complainant has filed an FIR under Section 507 of the IPC

against the caller of three mobile numbers mentioned above

for giving alleged threat of beating.

4. On 21.10.2020, a co-ordinate bench of this court has

passed the following order:-

"Heard Mr.Sudhir Nanavati, learned senior advocate for Nanavati & Nanavati for the applicant and learned Public Prosecutor for the respondent State.

Taking into consideration the contents of the FIR, annexures annexed with the petition and arguments

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advanced, the matter requires consideration. Issue Rule for final disposal returnable on 24.12.2020. Learned Public Prosecutor waives service of notice of rule on behalf of the respondent State.

In the meantime, there shall be no coercive steps against the applicant. However, the investigating officer shall be at liberty to continue with the investigation and shall file final outcome thereof.

5. Heard Mr. Vaibhav Shukla, learned advocate for the

applicant and Mr. Soaham Joshi, learned APP for the

respondent no.1 - State.

6. Mr. Vaibhav Shukla, learned advocate for the applicant

submitted that prima-facie, offence is registered under

Section-507 of IPC. He further submitted that even as per the

FIR, no offence is made out for criminal intimidation and the

punishment for the offence under Section-507 of IPC is two

years. He further submitted that the applicant was only the

member participant of the group class in which the

complainant was the trainer. He further submitted the the FIR

is lodged after a delay of 08 days. Therefore, the Fir being an

abuse of process of law, the same is required to be quashed

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and set aside.

7. Per contra, Mr. Soaham Joshi, learned APP submits that

in view of the fact that the complainant does not want to

pursue the proceedings, this Court may pass an appropriate

order by exercising power under Section-482 of Cr.P.C.

8. I have considered the rival submissions made at the bar.

I have also considered the totality of facts and circumstances

of the case and in view of the fact that now the complainant is

not interested in pursuing the matter, no fruitful purpose

would be served to continue with the proceedings. Moreover,

the notice was served to the respondent no.2 - original

complainant, but he has not remained present before this

Court. However, he has already filed an affidavit before the

Investigating Officer, which indicates that there is no dispute

now between the parties. It appears that now the dispute is

settled between the parties. A copy of affidavit filed by the

respondent no.2 is taken on record.

9. Considering the judgment of Hon'ble Apex Court in the

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case of State of Haryana Vs. Bhajanlal reported in AIR 1992

SC 604, the Supreme Court has observed in such type of

categories of cases by way of illustration wherein such power

could be exercised to prevent abuse of process of any Court or

to secure the ends of justice. Therefore, the ends of justice

would be met by exercising inherent power of this Court

under Section-482 of Cr.P.C. by quashing and setting aside

the impugned FIR.

10. In the result, this application is allowed. The F.I.R. being

C.R. No.11191044200102 of 2020 filed before the Ghatlodia

Police Station, District-Ahmedabad, is hereby ordered to be

quashed. All consequential proceedings pursuant thereto shall

stand terminated.

Rule is made absolute to the aforesaid extent. Direct

service is permitted.

(SANDEEP N. BHATT,J) A. B. VAGHELA