Denish Harshadray Pandya vs State Of Gujarat
2023 Latest Caselaw 5855 Guj

                                                                                              NEUTRAL CITATION




     R/CR.MA/35300/2016                                        JUDGMENT DATED: 10/08/2023

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       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/CRIMINAL MISC.APPLICATION NO. 35300 of 2016
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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                            DENISH HARSHADRAY PANDYA
                                      Versus
                            STATE OF GUJARAT & 1 other(s)
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Appearance:
MR NIRAD D BUCH(4000) for the Applicant(s) No. 1
MRS. BHAVINI N. BUCH(5403) for the Applicant(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2
MS ASMITA PATEL APP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                    Date : 10/08/2023

                                    ORAL JUDGMENT

1. Heard learned Advocate Mr.Nirad Buch for the applicant, learned Advocate Mr.Majmudar for the org. complainant - respondent No.2 and Ms.Asmita Patel, learned APP for respondent-State. Respondent No.2 is present before the Court and has been verified by the learned Counsel representing.

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R/CR.MA/35300/2016 JUDGMENT DATED: 10/08/2023

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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 applicants and respondent No.2 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 applicants have prayed for quashing and setting aside FIR being C.R.No.I-59 of 2016 registered with JP Raod Police Station for the offences punishable under Sections 376 and 506(2) of Indian Penal Code as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicants 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 has accordingly filed an affidavit dated 29.07.2023, which is on record. Respondent No.2 is identified by learned Advocate Mr.P P Majmudar who also confirms the contents of the affidavit filed by the respondent No.2; to which there is no dispute between the parties. Relevant paragraph of the said affidavit reads thus:

"3. I state that I have no grievance against present petitioner,

and we have amicably resolved out disputes with a view to keep

peace and harmony and thus, I have no grievance against the

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R/CR.MA/35300/2016 JUDGMENT DATED: 10/08/2023

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petitioner now and therefore, I have no objection if the FIR

being I-59 of 2016 registered with J P Road Police Station, Dist:

Vadodara and all other consequential proceedings are quashed

and set aside.

4. I further say that I have resolved the dispute with

petitioner, and I have no ill-will or grievance against the

petitioner now and therefore, I have no objection if the criminal

proceeding against the applicant is quashed"

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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to 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

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R/CR.MA/35300/2016 JUDGMENT DATED: 10/08/2023

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quashed and set aside in exercise of powers conferred under Section 482 of the Code.

6. Resultantly, this application is allowed. The impugned FIR being C.R.No.I-59 of 2016 registered with JP Raod Police Station for the offences punishable under Sections 376 and 506(2) of Indian Penal Code filed against the present applicants is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Rule is made absolute.

(J. C. DOSHI,J) sompura