Jayesh Kanaiyalal Shukla vs State Of Gujarat
2023 Latest Caselaw 5811 Guj

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     R/CR.MA/7688/2015                             JUDGMENT DATED: 09/08/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 7688 of 2015


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE J. C. DOSHI

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1      Whether Reporters of Local Papers may be allowed
       to see the judgment ?

2      To be referred to the Reporter or not ?

3      Whether their Lordships wish to see the fair copy
       of the judgment ?

4      Whether this case involves a substantial question
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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                          JAYESH KANAIYALAL SHUKLA
                                   Versus
                         STATE OF GUJARAT & 1 other(s)
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Appearance:
RC JANI & ASSOCIATE(6436) for the Applicant(s) No. 1
MR RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
VISHAL K ANANDJIWALA(7798) for the Respondent(s) No. 2
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    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 09/08/2023

                               ORAL JUDGMENT

1. Heard learned advocate Mr. RC Jani for the petitioner, learned advocate Mr. VK Anandjiwala for the respondent No.2 and learned APP for the respondents State.

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2. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the petitioner and respondent - original complainant has been resolved amicably, this matter is taken up for final disposal forthwith.

3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside FIR being I - C.R.No.40 of 2015 registered with Sola Police Station, Dist. Ahmedabad, for the offences punishable under Sections 406, 420, 120(B), 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

4. Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their differences by way of mutual settlement and pursuant to understanding arrived at between them, the Respondent complainant has accordingly filed an affidavit dated 9.8.2023, which is taken on record. The complainant has categorically stated in the affidavit that the dispute is resolved between them and he has no objections if the present proceedings are quashed and there is no surviving grievance between them. Relevant paragraphs of the affidavit reads as under:-

"1. I respectfully state that I have lodged impugned FIR against the petitioner herein registered with Sola

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Police Station, Ahmedabad for the offence punishable u/s 406, 420, 120B, 114 of the IPC vide I - C.R. No. 40 of 2015.

2. I further state that I have amicably settled the dispute with the petitioner and there is nothing left between us to proceed against the petitioner and therefore, the present petition may be allowed and the impugned FIR may be quashed and set aside.

3. I submit that due to misunderstanding and misconception the FIR has come to be lodged against the petitioner. I further state that I have amicably settled the dispute with the petitioner and as on today there is nothing left to proceed further against them. To proceed further against the petitioner would be nothing but mental agony and pain to us. Therefore, the FIR may be quashed and set aside to which I do not have any objection."

5. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that further continuation of criminal proceedings in relation to the impugned FIR against the petitioner would be unnecessary harassment to the applicant. It appears that the trial would be futile and further continuance of the proceedings pursuant to

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the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

6. Resultantly, this application is allowed. The impugned being I - C.R.No.40 of 2015 registered with Sola Police Station, Dist. Ahmedabad filed against the present petitioner is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Accordingly, Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SHEKHAR P. BARVE