Gujarat High Court
Rushikesh Naranbhai Bhavsar vs State Of Gujarat on 11 August, 2023
Bench: M. R. Mengdey
NEUTRAL CITATION
R/CR.MA/3852/2014 JUDGMENT DATED: 11/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3852 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE M. R. MENGDEY
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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RUSHIKESH NARANBHAI BHAVSAR
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR. NANDISH THAKKAR, ADVOCATE for THAKKAR AND PAHWA
ADVOCATES(1357) for the Applicant(s) No. 1
MR. MANAN MEHTA, APP for the Respondent(s) No. 1
RULE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 11/08/2023
ORAL JUDGMENT
1. By filing the present Application, the Applicant / Original Accused has
prayed for quashing and setting aside the FIR being I-CR No. 71 of 2014
registered with Sayajiganj Police Station, Vadodara City for the offences
punishable under Sections 406 and 420 of the Indian Penal Code.
2. The matter was posted for hearing before this Court on 28.4.2023.
NEUTRAL CITATION
R/CR.MA/3852/2014 JUDGMENT DATED: 11/08/2023
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Since, nobody appeared for Respondent No.2 - the Original Complainant, this
Court had ordered for issuance of Fresh Notice of Rule upon Respondent No.2.
Thereafter, on number of occasions, the matter was adjourned awaiting service
of Notice to Respondent No.2 since the whereabouts of Respondent No.2 were
not available. On 9.6.2023, learned Advocate appearing for the Applicant
submitted that all the dues have been paid by the Applicant to the first
informant and the victims. He had sought an adjournment to file necessary
documents on record in that regard.
3. Today, learned APP Ms. Vrunda C. Shah has produced a report of the
Investigation Officer on record, wherein it is stated that a statement of the
Original Complainant namely Jaydeepbhai Rameshbhai Modi was recorded by
the Investigation Officer. In the said statement, the complainant has stated that
the Applicant Rushikesh Naranbhai Bhavsar had repaid the entire amount to
the Complainant and other eleven victims and the matter has now been settled
between the parties. She has also produced a copy of the statement of the
AXIS Bank on record along with the statement of the Original Complainant -
Jaydeepbhai Ramanbhai Modi dated 2.8.2023.
4. Having regard to the nature of allegations levelled in the FIR as well as
the fact that the present Applicant has paid all the dues to the first informant
and the victims and the matter has now been amicably settled between the
parties, the present Application deserves to be allowed and accordingly stands
allowed. The FIR I-CR No. 71 of 2014 registered with Sayajiganj Police
Station, Vadodara City for the offences punishable under Sections 406 and 420
of the Indian Penal Code and all other consequential proceedings arising
therefrom are hereby quashed and set aside so far as it relates to the present
Applicant. Rule is made absolute.
(M. R. MENGDEY,J)
J.N.W
