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SCR.A/770/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 770 of 2010
=========================================================
GOSWAMI
SUNILKUMAR UMAKANTPURI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
HRIDAY BUCH for
Applicant(s) : 1 - 3.
PUBLIC PROSECUTOR for Respondent(s) : 1,
MS
MITA S PANCHAL for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/05/2010
ORAL
ORDER
This
petition under Article 226 of the Constitution of India and under
Section 482 of the Code of Criminal Procedure, 1973 is filed with
the following prayers :-
(A)
Your Lordship be pleased to Admit and Allow this petition;
(B)
Your Lordship be pleased to issue writ of mandamus or writ in the
nature of mandamus or any order of writ, order and direction for
quashing and setting aside the Order dated 20.04.2010 (Annexure-A)
passed below Exhibit-18 in Criminal Appeal No.2 of 2010 as well as
for quashing the Criminal Appeal No.2 of 2010 pending before the
learned Sessions Judge, Patan as well as the Criminal Case No.772 of
2007 and the Order passed below by the learned Chief Judicial
Magistrate in the said criminal case No.772 of 2007 dated 22.12.2009
at (Annexure-C) in the interest of justice;
(C)
Pending admission hearing and final disposal of the present
petition, Your Lordship be pleased to stay the further proceedings
in respect to Criminal Appeal No.2 of 2010 pending before the
learned District and Sessions Judge, Patan, in the interest of
justice;
(D)
Your Lordship be pleased to pass such other and further orders as
may be deemed fit, just and proper in the peculiar facts and
circumstances of the present case.
By
order dated 28.04.2010, Notice was issued by this Court to
respondents and learned Advocate Ms. Mita S. Panchal appears for
respondent No.2 and submits that parties have arrived at an amicable
settlement and accordingly, they have drawn a divorce deed and they
have separated since long. It is further submitted as per the above
Affidavit that the complainant has no objection if this Court
exercises powers under Section 482 of the Code of Criminal
Procedure, 1973 and quashes and sets aside the impugned complaint,
the criminal proceedings and also the order passed by the Courts
below.
Having
heard learned Counsels for the parties, perusal of the record
including the impugned decision, nature of dispute between the
parties and the affidavit dated 26.04.2010 filed by the complainant
and respondent No.2 above and amicable settlement arrived at between
the parties, drawing a deed of divorce and averments with regard to
the quashing the proceedings of the subject matter of this petition,
I am of the view that this is a case where powers under Section 482
of the Code is to be exercised to secure ends of justice and also to
quash and set aside the impugned orders passed by the Courts below
under Article 226 and 227 of the Constitution of India.
Considering
the law laid down by the Apex Court in B.S.
Joshi V. State of Haryana, (2003)4 SCC 675 and
Nikhil Merchant V.
Central Bureau of Investigation and another, (2008)9 SCC 677,
I deem it just and proper to exercise powers under Section 482 of
the Code of Criminal Procedure, 1973 as well as Article 226 and 227
of the Constitution of India. Accordingly, this application is
allowed by granting prayers in terms of Paragraph 6 (A)and (B) and
the impugned proceedings namely order dated 20.04.2010 at Annexure
‘A’ and order dated 22.12.2009 at Annexure ‘C’ are quashed and set
aside. The application is allowed accordingly.
(Anant
S. Dave, J.)
Caroline
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