Amrubhai Lakhmanbhai Vavdia vs State Of Gujarat
2023 Latest Caselaw 5556 Guj

                                                                               NEUTRAL CITATION




     R/CR.MA/13398/2015                          ORDER DATED: 02/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13398 of 2015

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                 AMRUBHAI LAKHMANBHAI VAVDIA & 1 other(s)
                                Versus
                      STATE OF GUJARAT & 1 other(s)
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Appearance:
ABHISST K THAKER(7010) for the Applicant(s) No. 1,2
MR.NANDISH H THACKAR(7008) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 3,4,5
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 02/08/2023

                              ORAL ORDER

1. Learned advocate Mr. Meet Jani states that he has instructions to appear for the victims who are arrayed as respondent nos.3 to 5. He is permitted to file Vakalatanama.

2. By way of this petition u/s 482 of the Code of Criminal Procedure, the petitioners seek for quashment of FIR being I - C.R. No.II-3039 of 2015 registered with Gir Gadhdha Police Station, Gir Somnath on 08.07.2015 for the offences punishable u/s 323, 504 and 114 of IPC, section 135 of GP Act and section 3(1)(10) of the Atrocity Act.

3. Learned advocate for the the original complainant state that dispute between the parties are amicably settled outside the Court. It is further submitted that the complainant is not intending to prosecute the matter any further. Vide order dated

NEUTRAL CITATION

R/CR.MA/13398/2015 ORDER DATED: 02/08/2023

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24.04.2019, it is recorded that original complainant is present and has no objection if the impugned FIR is quashed. Complainant had filed affidavit to that effect.

4. Today victims - respondent nos.3 to 5 are also present before the Court and have tendered affidavits. They would submit that they have no objection is impugned FIR is quashed. Said affidavits are taken on record. The affidavits tendered by victims without any influence or coercion, indicates that settlement is arrived at between the parties.

5. Learned advocate appearing for the petitioners also supported the say of the original complainant and submits that dispute is resolved between the parties and upon such submission, he requests to allow this petition and to quash and set aside the impugned order.

6. Learned APP Mr. Ronak Raval appearing for the respondent - State submits that the dispute is private between the original complainant and the accused and it is resolved amicably out of the Court. Upon such submission, he prays to pass necessary orders.

7. Under the above circumstances, this Court is of the considered opinion that allowing further proceedings of the FIR would amount to abuse the process of law. At this juncture, this Court reminds the judgment of the Hon'ble Apex Court in case of Gian Singh Vs. State of Punjab and another reported in (2008) 4 SCC 582.

NEUTRAL CITATION

R/CR.MA/13398/2015 ORDER DATED: 02/08/2023

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8. In the result, present Criminal Misc. Application is allowed and FIR being C.R.No.II-3039 of 2015 registered with Gir- Gadhdha Police Station, Gir Somnath as well as all other consequential proceedings arising out of the same are hereby quashed and set aside.

(J. C. DOSHI,J) SATISH