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CR.MA/12302/2011 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12302 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
======================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
======================================
ABHISHEK
LALBHAI PATEL - Applicant
Versus
STATE
OF GUJARAT & 1 - Respondents
======================================
Appearance :
MR
HARDIK H DAVE for the Applicant.
MR KP RAWAL, APP for Respondent
No.1.
MR RUSHABH SHAH for Respondent
No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 02/09/2011
ORAL
JUDGMENT
1. Rule.
Mr.K.P.Rawal, learned
Additional Public Prosecutor waives service of notice of Rule
on behalf of respondent No.1 – State and Mr.Rushabh Shah,
learned advocate waives service of notice of Rule on behalf of
respondent No.2 – original complainant.
2. In
the facts and circumstances of the case and with the consent of the
learned advocates appearing on behalf of the respective parties and
as it is reported that the dispute is settled between the parties,
respondent No.2 – original complainant does not want to proceed
further with the complaint and does not want to prosecute the
petitioner and it is reported that even otherwise accused persons
were tried and came to be acquitted by learned Judicial
Magistrate, First Class, Mansa by declaring original
complainant as hostile and she did not support the case of the
prosecution, the present petition is taken up for final hearing
today.
3. The
present application under Section 482 of the Code of Criminal
Procedure has been preferred by the applicant – original
accused No.1 to quash and set aside the FIR culminating in Criminal
Case No.1307 of 2010 in the Court of learned Judicial Magistrate,
First Class, Mansa as well as charge-sheet filed against the
applicant quashing the impugned FIR being C.R.No.II-93 of 2010
registered with Mansa Police Station lodged against the applicant –
original accused for the offences punishable under Sections 498-A,
506(1) of the Indian Penal Code and under Sections 3 and 7 of the
Domestic Violence Act and further proceedings, if any arising out of
impugned FIR.
4. Mr.Shah,
learned advocate appearing on behalf of respondent No.2 –
original complainant has submitted that an affidavit is also filed,
which is affirmed by respondent No.2 – original complainant
confirming settlement entered into between the parties and by
submitting that she has no objection, if the impugned complaint/FIR
is quashed and set aside.
5. Learned
advocates appearing on behalf of the respective parties have relied
upon the decision of the Hon’ble Supreme Court in the case of Madan
Mohan Abbot V/s. State of Punjab reported in 2008(4) SCC 582;
in the case of Nikhil Merchant V/s. Central Bureau of
Investigation and another reported in 2009(1) GLH 31 as
well as in the case of Manoj Sharma V/s. State and others reported
in 2009(1) GLH 190.
6. Having
heard the learned advocates appearing on behalf of the respective
parties and considering the facts as stated hereinabove and as the
parties have amicably settled the dispute and consent terms have been
arrived at between the parties and considering the aforesaid
decisions of the Hon’ble Supreme Court, it appears to the Court that
the impugned FIR be quashed and set aside in exercise of power under
Section 482 of the Code of Criminal Procedure and to continue
criminal proceedings against the applicant – original accused
will be unnecessary harassment to the applicant and the same shall
not be in the interest of the parties.
7. In
view of the above and for the reasons stated hereinabove, the
impugned FIR culminating in Criminal Case No.1307 of 2010 in the
Court of learned Judicial Magistrate, First Class, Mansa as well as
charge-sheet filed against the applicant quashing the impugned FIR
being C.R.No.II-93 of 2010 registered with Mansa Police Station
lodged against the applicant – original accused for the
offences punishable under Sections 498-A, 506(1) of the Indian Penal
Code and under Sections 3 and 7 of the Domestic Violence Act and
further proceedings, if any arising out of impugned FIR are hereby
quashed and set aside. Rule is made absolute accordingly.
[M.R.SHAH,J]
*dipti
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