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CR.MA/5554/2008 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5554 of 2008
=========================================================
BHAGWANBHAI
KESHAVBHAI PATEL & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
SHITAL R PATEL for
Applicant(s) : 1 - 5.
Mr Shivang Shukla, Addl.PUBLIC PROSECUTOR
for Respondent(s) : 1,
MR Parimal P Patel for Mr TS NANAVATI for
Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 03/05/2010
ORAL
ORDER
1. The
applicants have filed this application under section 482 of the Code
of Criminal Procedure, 1973 to quash and set aside the complaint
being I-CR. No. 105 of 2007 registered with Sola Police Station for
offences under sections 406, 420, 447, 467, 468, 120-B and 114 of
Indian Penal Code.
2. That
in the complaint, allegations against the applicants are of collusion
with each other forging two documents namely, Agreement to Sale
dated 10.6.1993 and Power of Attorney dated 10.6.1993. At the time
of issuance of Notice on 2.5.2008, this court (Coram: Hon’ble Ms.
Justice H N Devani) has passed the following order:
xxx xxx xxx It
is submitted that a perusal of the complaint which has been lodged on
17th April, 2007 shows that it is the case
of the complainant that after the death of their father, as they were
minors, they were not aware of the land in question and had recently
come to know about the same. Whereas, in the civil suit which has
been filed by the complainant that they are in possession of the land
in question right from 1981. Therefore, it is apparent that
contradictory stands have been taken by the complainant in the
complaint and in the civil suit. Besides, the allegations made in
the complaint also are vague and no specific case is stated as to
what exactly is the offence committed.
Considering
the aforesaid, NOTICE returnable on 17th
June, 2008. By way of ad-interim relief, further investigation of
the proceedings arising out of the complaint being Sola Police
Station I C.R. No.105/2007, are hereby stayed.
xxx xxx xxx 3. Later
on, by an order dated 13.11.2008, learned Single Judge (Hon’ble Mr
Justice D. H Waghela) issued Rule making it returnable and
continuance of interim relief till further order.
4. During
pendency of the above application, the applicants as well as the
complainant have arrived at an amicable settlement and proceedings
between them pending in the Civil Court have also been compromised.
In view of the above, the applicants-accused No.1 to 5 herein have
filed Criminal Misc.Application No.3844 of 2010 and reiterated that
in light of the compromise arrived at between the parties and also
the registered deed of acceptance of the existing documents and
evidence on the record of the case, with the consent of the original
complainant, the application being Criminal Misc.Application
No.5554/2008 deserves to be allowed by quashing the impugned
complaint, today i.e. on 3.5.2010 the complainant and respondent
No.2 herein has filed affidavit and has declared that in view of the
amicable settlement arrived at between the parties and compromise was
taken place in the Civil Suit, the complainant has no objection to
quash the impugned complaint. The affidavit is ordered to be taken
on record.
5. Having
heard the learned Advocates appearing for the parties, perusal of the
record, nature of the disputes for which criminal complaint was filed
and settlement arrived at between the parties in the civil
proceedings as well as declaration on oath by the complainant about
no objection of quashing the impugned complaint, I am of the opinion
that continuation of the criminal proceedings will entail undue
hardships and mental agony to the parties, and therefore, to secure
ends of justice, I deem it just and proper to exercise of section 482
of the Criminal Procedure Code and the impugned complaint being No.
I-CR.105/2007 registered with Sola police station, Ahmedabad is
ordered to be quashed and set aside. Rule is made absolute
accordingly qua the applicants only.
[ANANT S DAVE, J.]
msp
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