CR.MA/21670/2014 of RAMESHBHAI VALLABHBHAI ABHABGI Vs THE STATE OF GUJARAT on 24 December 2014

ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Dabhi, the learned APP waives service of notice of rule for and on behalf of the respondent No.1- State of Gujarat. Mr. Raj Trivedi, the learned advocate has entered appearance on behalf of the respondent No.2 - original informant and waives service of notice of rule. The Registry shall accept the vakalatnama of Mr. Raj Trivedi, the learned advocate who appeared on behalf of the respondent no.2 – complainant.

2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused seek to invoke the inherent powers of this Court, praying for quashing of the F.I.R. being C.R.No.I-221 of 2014 registered with the Jamnagar City 'C' Division Police Station, Jamnagar for the offence punishable under Sections – 326, 323, 143, 147, 148, 149 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act. The quashing of the First Information Report prayed for, with the consent of the original first informant, as a settlement has taken place between the parties.

3. The respondent No.2 Mr.Kantibhai Mohanbhai Busa, residing at Airforce-2 Main Road, Mayank Apartment, Jamnagar, is personally present in the Court and he has been identified by his learned advocate Mr.Trivedi. He has also filed an affidavit inter-alia stating as under:- “I Kantibhai Mohanbhai Busa, aged about 49 years, Occupation labour, residing at Airforce-2 Main Road, Mayank Apartment, Jamnagar, do hereby state as under :

1. I say and submit that I am the, respondent No.2, original complainant of the FIR being C.R.No.I-221 of 2014 registered with the Jamnagar City 'C' Division Police Station, Jamnagar, wherein the offences punishable under Sections 326, 323, 143, 147, 148, 149 of Indian Penal Code, 1860 and under Section 135(1) of G.P. Act alleged.

2. I respectfully submit that in the aforesaid complaint, at the instance of mediators and elders in the society, settlement has been arrived at with the accused persons i.e. present petitioners outside the court, and therefore, I do not want to proceed further with above mentioned complaint.

3. I respectfully submit that I have filed the complaint with some misunderstanding and at the instance of neighbours plus in haste, but in fact, the accused persons / petitioners has not commited any offence as alleged against them in the complaint. However, I say that we, the parties have fully settled the dispute amicably, which is of personal nature, outside the court. I say that we have settled all issues with regard to the dispute in question including present criminal proceedings and I do not have any objection if the complaint filed by me is quashed and set aside by this Honourable Court in exercise of its inherent power under Section 482 of the Code of Criminal Procedure, 1973.

Solemnly affirmed on this 24[th] day of December, 2014 at Ahmedabad.”

4. The affidavit is taken on record.

5. Taking into consideration the nature of the dispute and the fact that the parties have decided to maintain peace and relations with each other, no useful purpose would now be served to allow the police to continue with the investigation.

6. In the result, this application is allowed. The F.I.R. being C.R.No.I-221 of 2014 registered with the Jamnagar City 'C' Division Police Station, Jamnagar is hereby ordered to be quashed. Consequently, all further proceedings pursuant to the FIR shall stand terminated.

7. Rule is made absolute. Direct service is permitted.

Amar

(J.B.PARDIWALA, J.)