Gujarat High Court
Krunal Mahendrabhai Patel vs State Of Gujarat on 2 May, 2025
NEUTRAL CITATION
R/CR.MA/17146/2019 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 17146 of 2019
With
R/CRIMINAL MISC.APPLICATION NO. 14476 of 2019
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KRUNAL MAHENDRABHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HARDIK H DAVE(6295) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR SOHAM JOSHI, ADDL.PUBLIC PROSECUTOR for Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 02/05/2025
COMMON ORAL ORDER
1. Learned advocate Ms.Shradhdha Pipalia submits that she
has received instructions to appear on behalf of respondent No.2
- original complainant and she would file her Vakaltnama in the
Registry. Registry to accept the same.
2. Rule. Learned advocate Ms.Pipalia waives service of Rule
for respondent No.2 and learned APP Mr.Soham Joshi waives
service of Rule for the respondent State.
3. Heard learned advocates for the respective parties.
3.1 Considering the issue involved in the present applications
and with consent of the learned advocates appearing for the
respective parties as well as considering the fact that the dispute
amongst the petitioners and respondent - original complainant
has been resolved amicably, both these matters are taken up for
final disposal by this common order.
NEUTRAL CITATION
R/CR.MA/17146/2019 ORDER DATED: 02/05/2025
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4. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as "the Code"),
the petitioners have prayed for quashing and setting aside FIR
being C.R.No.I-113 of 2019 registered with Sector-7 Police
Station, Dist. Gandhinagar, for the offences punishable under
Sections 498(A), 506(2), 504 and 114 of the IPC and u/s 3(1)(r)(s)
and 3(2)(va) of the the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 as well as all other
consequential proceedings arising out of the aforesaid FIR qua
the petitioners herein.
5. Learned advocate Ms.Pipalia appearing for respondent No.2
submits that the amount of compensation received by the
complainant shall be re-deposited in the concerned Department
within fifteen days from today. If amount will not be deposited
by the complainant in the concerned Department, learned APP
would be at liberty to file appropriate application, if he so desires
or the concerned Department may recover the said amount of
compensation from the complainant by way of arrears of land
revenue.
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 differences by way
of mutual settlement and pursuant to understanding arrived at
between them, affidavits are filed, which are taken on record. It
is jointly submitted by learned advocates for the parties that
parties have filed application under Section 13(b) of the Hindu
Marriage Act before learned Family Court and the matter is at
the stage of pronouncement of judgment. It is expected from the
NEUTRAL CITATION
R/CR.MA/17146/2019 ORDER DATED: 02/05/2025
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learned Family Court to pronounce the judgment on next date.
The complainant is present before the Court and she has stated
that the parties have amicably settled the dispute and she has
no objection if the questioned FIR is quashed. Learned advocate
Ms.Pipalia submits that she has explained the contents of the
affidavit in vernacular language Gujarati to the complainant. The
relevant para of the affidavit filed in Criminal Misc. Application
No.17146 of 2019 are as under :
"1. I am residing at the address mentioned herein
above. I state and submit that I had registered an FIR
being C.R. No - I - 113 of 2019 with Gandhinagar Sector -
7 Police Station, under sections 4981A), 506(2), 504 and
114 of the Indian Penal Code and under sections 3(R)(S)
and 3(2)(5a) of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 2016.
2. I state and submit that the matter between the
present petitioner and deponent has been amicably
settled on account of intervention by elders, relatives,
friends and well-wishers of the parties, and good people
of society herein. Moreover, there is nothing left for either
of us to proceed against anyone and therefore, above
mentioned FIR being C.R. No - I - 113 of 2019 with
Gandhinagar sector - 7 Police Station, under sections
498(A), 506(2), 504 and 114 of the Indian Penal Code
and under sections 3(R)(S) and 3(2)(5a) of the Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Act,
2016 and all the subsequent consequent proceedings
initiated in pursuance of the same may be quashed and
set aside.
3. I state and submit that, I have no objection if the
FIR being C.R. No.I-113 of 2019 with Gandhinagar
Sector - 7 Police Station, under sections 498(A), 506(2),
504 and 114 of the Indian Penal Code and under
sections 3(R)(S) and 3(2) (5a) of the Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, 2016 and
all consequential proceedings in pursuance of the same
are quashed and set aside with my consent.
NEUTRAL CITATION
R/CR.MA/17146/2019 ORDER DATED: 02/05/2025
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4. I state and submit that I have consented to the
quashing of all proceedings in connection with the FIR
being C.R. No - I - 113 of 2019 with Gandhinagar Sector -
7 Police Station, under sections 498(A), 506(2), 504 and
114 of the Indian Penal Code and under sections 3(R) (S)
and 3 (2)(5a) ofthe Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 2016 Code, including
the quashing of the FIR itself, with my free will, consent
and own without any undue influence, force, duress or
threat from any person."
7. Having heard the learned counsel for the respective parties,
considering the facts and circumstances arising out of the
present applications as well as taking into consideration 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) as
well as State of Haryana Vs. Bhajanlal reported in AIR 1992
SC 604, it appears that further continuation of criminal
proceedings in relation to the impugned FIR against the
petitioners would be unnecessary harassment to the applicants.
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 are required to be quashed and set aside in exercise
of powers conferred under Section 482 of the Code.
NEUTRAL CITATION
R/CR.MA/17146/2019 ORDER DATED: 02/05/2025
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8. Resultantly, these applications are allowed. The impugned
FIR being C.R.No.I-113 of 2019 registered with Sector-7 Police
Station, Dist. Gandhinagar, for the offences punishable under
Sections 498(A), 506(2), 504 and 114 of the IPC and u/s 3(1)(r)(s)
and 3(2)(va) of the the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 as well as all other
consequential proceedings arising out of the aforesaid FIR qua
the petitioner herein are quashed and set aside. Accordingly,
Rule is made absolute. Direct service is permitted.
(J. C. DOSHI, J)
GAURAV J THAKER
