Gujarat High Court
Ashokkumar Rameshbhai Darji vs State Of Gujarat on 11 January, 2024
NEUTRAL CITATION
R/CR.MA/1399/2020 ORDER DATED: 11/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 1399 of 2020
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ASHOKKUMAR RAMESHBHAI DARJI
Versus
STATE OF GUJARAT
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Appearance:
MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1
MR VN BHAMARE(1122) for the Applicant(s) No. 1
MR UMANG H OZA(2440) for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 11/01/2024
ORAL ORDER
1. This application is filed under Section 482 of the
Code of Criminal Procedure, 1973, with a prayer to quash
and set aside the FIR and other consequential proceedings in
connection with the offence being C.R.No.11217040200016 of
2020 registered with Vaghdod Police Station, Patan for the
offences punishable under Sections 384, 507, 506(1) of the
Indian Penal Code and Sections 5(1), 33(3), 42(d) of the
Gujarat Money Lenders Act qua the applicants.
2. On the last occasion on 3.1.2024, the complainant
was present in the court and it was represented by learned
advocates for the parties that the matter is settled and the
NEUTRAL CITATION
R/CR.MA/1399/2020 ORDER DATED: 11/01/2024
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FIR may be quashed with consent of the complainant. This
Court has passed the following order on that date:
"1. When the matter is called, learned advocate Mr. Umang
H. Oza for respondent No.2 - the complainant, submits that
the complainant is now willing to settle the matter with the
present applicant. Complainant, Javid Dawoodbhai
Rehmanbhai Mansuri, son of Daudbhai Mansuri, is
personally present before this Court today.
2. On 1.1.2024, the matter was partially argued and
adjourned on 3.1.2024 for some verification. The complainant
has tendered the affidavit dated 3.1.2024, and after
interaction with the complainant, he has stated that he
availed the amount from the petitioner at the rate of 5%
penal interest per month.
3. Upon inquiry by this Court, the learned advocate for the
applicant has submitted that he disputes the transaction
between the parties. However, he has explicitly stated that
the present applicant does not possess any license under the
Money Lenders And Accredited Loan Providers Act, 2010.
4. The Court is not satisfied with the attempt to
compromise in mid, more particularly after some interaction
with the complainant. Hence, the request of the complainant
regarding the compromise of the matter between the parties
is rejected. The learned APP shall do needful by directing
the concerned Investigating Officer to verify the status of
subsequent developments in the matter. If required,
NEUTRAL CITATION
R/CR.MA/1399/2020 ORDER DATED: 11/01/2024
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recording the statement of the complainant, and shall submit
the report about the same on the next date of hearing.
Stand over to 11.1.2024."
3. Pursuant to the said order, learned APP has
tendered the report of the Police Sub-Inspector, Vaghdod
police station dated 11.1.2024 and the statement of the
complainant herein, which is taken on record.
4. On perusal of the report and statement, it
transpires that the complainant has settled the matter with
the applicant on his own will and without any force or
pressure.
5. In view of the above and in view of the affidavit
filed by the complainant, which is on the record, considering
the judgments in the cases of Gian Singh V/s State of
Punjab & Anr. Reported in (2012) 10 SCC 303 and Nikhil
Merchant V/s Central Bureau of Investigation & Anr.
Reported in 2009(1) GLH 31, this court is of the opinion that
the trial would be futile and any further continuation of
proceedings would amount to abuse of process of law.
Therefore, the impugned F.I.R. is required to be quashed and
set aside.
NEUTRAL CITATION
R/CR.MA/1399/2020 ORDER DATED: 11/01/2024
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6. Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.11217040200016 of 2020 registered with Vagdod
Police Station, Patan and all other consequential proceedings
arising out of said FIR are hereby quashed and set aside
qua the applicant only. Direct service is permitted.
(SANDEEP N. BHATT,J)
SRILATHA
