Karshan Bhikhabhai Vala vs State Of Gujarat
2024 Latest Caselaw 228 Guj

Gujarat High Court

Karshan Bhikhabhai Vala vs State Of Gujarat on 9 January, 2024

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      R/SCR.A/972/2015                                            ORDER DATED: 09/01/2024

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               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 972 of 2015

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                          KARSHAN BHIKHABHAI VALA
                                   Versus
                         STATE OF GUJARAT & 1 other(s)
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Appearance:
MR JAGDHISH SATAPARA(5524) for the Applicant(s) No. 1
MR HARSHAD K PATEL(2844) for the Respondent(s) No. 2
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                      Date : 09/01/2024
                                       ORAL ORDER

1. The present petition is filed for seeking the

following reliefs:

        "(a)     xxx.


        (b)     To   issue      a    writ     of    certiorari    or      any      other

appropriate writ which this Hon'ble Court may deem just and proper.

(c) Quash and set aside the FIR dated 28/01/2015 at Annexure-A registered as being I-CR no.06 of 2015 registered with Talala Police Station, Dist. Gir Somnath.

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R/SCR.A/972/2015 ORDER DATED: 09/01/2024

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(d) Pending admission, final hearing and disposal of the present petition, be pleased to grant stay on FIR dated 28/01/2015 at Annexure-A registered as being I- CR no.06 of 2015 registered with Talala Police Station, Dist. Gir Somnath.

(e) xxx."

2. On 03.01.2024, this Court has passed following

order:

"The learned advocates representing the parties have informed the court that, according to their information, the matter has been amicably settled between the parties, and the necessary settlement documents have been duly executed. With a view to placing some more documents on record as well as affidavit of the complainant, learned advocates for the parties pray for time. In light of this context, the learned APP shall ascertain the factual status of the settlement and obtain appropriate instructions.

Stand over to 9.1.2024."

3. Pursuant to that, learned APP has tendered the

report dated 8.1.2024 received from the Talala Police

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R/SCR.A/972/2015 ORDER DATED: 09/01/2024

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Station, which is taken on record. He has also produced

statement dated 8.1.2024 of one Jamandas - original

complainant. From reading of the said statement, it

transpires that now the settlement has been arrived at

between the parties and complainant has no objection if

the present proceeding are quashed. From the report, it

transpires that the same is established. Considering the

fact that now the settlement arrived at between the

parties, the complainant has no objection if the complaint

is quashed.

4. Considering the statement recorded by the police as

well taking into account the settlement arrived at

between the parties and considering the fact that dispute between the parties is civil in nature, I am of the view

that no fruitful would be served in continuing the

present petition in view of the judgment of the Apex

Court in the cases of (ii) Gian Singh v. State of Punjab

and another reported in 2012 (10) SCC 303, and (ii)

Nikhil Merchant versus C.B.I and Another reported in

(2008) 9 SCC 677. Hence, I deem it fit to exercise the

powers under Section 482 of the Cr.P.C. to prevent the

abuse of process of law by quashing and setting aside

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R/SCR.A/972/2015 ORDER DATED: 09/01/2024

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the impugned F.I.R.

5. Resultantly, the present petition is allowed to the

aforesaid extent.

6. The impugned F.I.R. being C.R. No.I-06 of 2015

registered with Talala Police Station, Dist. Gir Somnath

as well as consequential proceedings arising thereto are

quashed and set aside qua the present petitioner only.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA