Gujarat High Court
Rajdip Ghelubha Rathod vs State Of Gujarat on 13 March, 2023
Bench: Samir J. Dave
R/SCR.A/2937/2023 ORDER DATED: 13/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2937 of 2023
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RAJDIP GHELUBHA RATHOD
Versus
STATE OF GUJARAT
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Appearance:
MR MANOJ P SOLANKI(11598) for the Applicant(s) No. 1
MR KT BELADIYA for the Respondent(s) No. 2
MS CM SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 13/03/2023
ORAL ORDER
1. Mr. K. T. Beladia, learned advocate is permitted to file
vakalatnama on behalf of original complainant. Registry to
accept the same.
2. Heard learned advocates appearing for the respective
parties.
3. Rule. Learned advocates appearing for the respective
respondents waive service of Rule on behalf of the respective
respondents.
4. 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
R/SCR.A/2937/2023 ORDER DATED: 13/03/2023
dispute amongst the applicant and complainant has been
resolved amicably, this matter is taken up for final disposal
forthwith.
5. By way of this application under Section 482 of the Code
of Criminal Procedure, 1973 (hereinafter referred to as "the
Code"), the applicant has prayed for quashing and setting
aside the judgment and order dated 01/02/2021 passed in
Criminal Case No.1031 of 2017 by the Court of Learned
Additional Chief Judicial Magistrate, at Khambhaliya as well
as judgment and order dated 09/01/2023 passed in Criminal
Appeal No.12 of 2021 by the court of learned District and
Sessions Court, Devbhoomi Dwarka at Jam Khambhaliya,
6. Learned counsel for the respective parties submitted
that during pendency of the criminal proceedings, as referred
to above, the parties have amicably settled their issue by way
of mutual settlement and pursuant to understanding arrived
at, the complainant has accordingly filed affidavit, which is on
record. The complainant has categorically stated in the
affidavit that dispute is amicably resolved and he has no
objections if the present proceedings are quashed and there is
no surviving grievance between them.
7. Having heard the learned counsel for the respective
parties, considering the facts and circumstances arising out of
the present application as well as taking into consideration
R/SCR.A/2937/2023 ORDER DATED: 13/03/2023
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 applicant would be unnecessary
harassment to the applicant. 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 thereof
are required to be quashed and set aside in exercise of powers
conferred under Section 482 of the Code.
8. Accordingly, present application is allowed. The
impugned judgment and order dated 01/02/2021 passed in
Criminal Case No.1031 of 2017 by the Court of Learned
Additional Chief Judicial Magistrate, at Khambhaliya as well
as judgment and order dated 09/01/2023 passed in Criminal
Appeal No.12 of 2021 by the court of learned District and
Sessions Court, Devbhoomi Dwarka at Jam Khambhaliya as
well as other consequential proceedings thereof are hereby
quashed and set aside qua the present applicant herein. Rule
is made absolute to the aforesaid extent.
R/SCR.A/2937/2023 ORDER DATED: 13/03/2023
9. If the applicant is behind bar, the concerned jail
authority as well as the Court concerned shall take necessary
steps to release the applicant accused from the jail forthwith
if not required in any other offence.
Direct service is permitted.
(SAMIR J. DAVE,J)
ILA
