Malivad Rajubhai Mohanbhai vs State Of Gujarat
2023 Latest Caselaw 5924 Guj

                                                                                             NEUTRAL CITATION




     R/CR.MA/3124/2017                                       ORDER DATED: 11/08/2023

                                                                                              undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 3124 of 2017

==========================================================
                         MALIVAD RAJUBHAI MOHANBHAI
                                    Versus
                         STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
NOTICE SERVED THRU CONCERNED POLICE STN for the Respondent(s)
No. 2
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 11/08/2023

                                   ORAL ORDER

1. Respondent No.2 - Vinodbhai Bhanabhai Vankar

(original complainant) is personally present before this Court

today. He has confirmed veracity of the affidavit dated 11.8.2023, which is taken on record and has submitted that

he has no objection if the impugned complaint is quashed.

The Court has repeatedly inquired about the same from the

complainant whether there is any coercion or duress. He has

submitted that there is amicable settlement between the

parties.

2. Hence, in light of the above and in view of the

judgment of the Hon'ble Apex Court in the case of Gian

Singh v. State of Punjab and another reported in 2012 (10)

NEUTRAL CITATION

R/CR.MA/3124/2017 ORDER DATED: 11/08/2023

undefined

SCC 303, no fruitful purpose would be served in continuing

this application.

3. Accordingly, the present application is disposed of.

4. The impugned F.I.R. C.R. No.I 07 of 2017 registered

with Godhra Taluka Police Station, Panchmahal and

consequential proceedings arising pursuant to the impugned

F.I.R. are hereby quashed and set aside.

5. Compensation if any is received pursuant to the

impugned F.I.R. under the provisions of the Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act, 1989

shall be refunded back to the State by the complainant and

in case of default, State Government is at liberty to take

appropriate action, in accordance with law.

6. Registry to accept the Vakalatnama of learned advocate

Mr. Jigar Acharya.

Rule is made absolute. Direct service is permitted.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA