Sureshbhai Keshavji Santoki vs State Of Gujarat
2023 Latest Caselaw 7366 Guj

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      R/SCR.A/6677/2023                             ORDER DATED: 05/10/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6677 of 2023

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                          SURESHBHAI KESHAVJI SANTOKI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MS MEGHA JANI(1028) for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 2
MR K M ANTANI APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                Date : 05/10/2023

                                 ORAL ORDER

1. Learned advocate Mr. Mrugen Purohit states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties.

2. Rule. Learned advocates waive service of note of rule on behalf of the respective respondents.

3. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.

4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the complaint being FIR No.11202030230218 registered with Kalavad Police Station for the offences under

NEUTRAL CITATION

R/SCR.A/6677/2023 ORDER DATED: 05/10/2023

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Sections 306 and 114 of Indian Penal Code and all the consequential proceedings arising therefrom.

5. Learned Senior Counsel Ms.Megha Jani for the petitioners places on record the affidavit filed by the org. complainant/s and mother and father of the victim which is ordered to be taken on record. Learned Senior Counsel would further submit that SLP (Criminal) No.11801 of 2023 challenging the judgment and order delivered by this Court in CR.MA No.12391 of 2023 shall be withdrawn unconditionally since during the pendency of proceedings the parties have arrived at the amicable settlement to the dispute in question. It will also admitted by the complainant as well as parents of the victim and widow of the deceased that accused have not instituted or promoted the deceased to commit suicide and as such ingredients of Section 107 read with Section 306 of the IPC is not attracted. In the Affidavit, the original complainant/s has categorically stated that the dispute with the applicant has been resolved amicably and has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.

6. Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of - (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v)

NEUTRAL CITATION

R/SCR.A/6677/2023 ORDER DATED: 05/10/2023

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Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further continuation of criminal proceedings against the applicant in relation to the impugned FIR would cause unnecessary harassment to the applicant. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..

7. In the result, the application is allowed. The impugned complaint being FIR No.11202030230218 registered with Kalavad Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicants herein. Rule is made absolute. Direct service is permitted. If the applicants are in jail, the jail authority concerned is directed to release the applicants forthwith, if not required in connection with any other case.

(J. C. DOSHI,J) sompura