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CR.MA/14012/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14012 of 2011
=========================================
AELAMKHAN
UMARKHAN JATMALEK - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MRYJPATEL
for Applicant(s) : 1,
MR. H.L.JANI, APP for Respondent(s) : 1,
MR.
PRATIK JASANI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 04/10/2011
ORAL
ORDER
The
present Application has been filed by the Applicant under Section
482 of the Criminal Procedure Code for the prayer to quash and set
aside the criminal complaint being I-CR No. 21 of 2008 registered
with Patdi Police Station, Taluka, Dhangdhara, District
Surendranagar as well as charge sheet filed in the said criminal
complaint, on the grounds stated in the Application.
Heard
learned Advocate Mr. Y.J.Patel for the Applicant and learned
Advocate Mr. Pratik Jasani for Respondent No.2-Original Complainant
as well as learned APP Mr. H.L.Jani for the Respondent –
State.
Learned
Advocate Mr. Patel for the Applicant has stated that an affidavit is
filed by Respondent No.2 – Original Complainant which is at
Annexure-B stating that they have arrived at a settlement and the
complainant does not want to proceed further with the complaint,
which is confirmed by learned Advocate Mr. Jasani.
Therefore,
in view of this submission and having regard to the facts and
circumstances, when the parties have amicably arrived at an amicable
settlement, which is reduced to writing, and when it is specifically
stated that the complainant does not want to proceed further with
the complaint, the present Application deserves to be allowed.
It
is required to be mentioned that the Hon’ble Apex Court in a
judgment in case of Jagdish
Chanana and Others v. State of Haryana and Another, (2008) 15 SCC
704 has
clearly observed in a complaint regarding similar office that where
the dispute is purely of a personal nature and when it has been
settled between the parties, the FIR could be quashed as it might be
otherwise a futile exercise.
Therefore,
having regard to the aforesaid facts and circumstances and having
regard to the guidelines laid down by the Hon’ble Apex Court with
regard to the approach to be adopted, the present Application
deserves to be allowed and accordingly stands allowed.
The
prayer in terms of paragraph 14(A) is granted. Criminal
complaint being I-CR No. 21 of 2008 registered with Patdi Police
Station, Taluka, Dhangdhara, District Surendranagar as well
as charge sheet filed in the said criminal complaint is hereby
quashed and set aside.
Rule is
made absolute. Direct service is permitted.
(Rajesh H.
Shukla,J)
Jayanti*
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