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SCR.A/856/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 856 of 2010
======================================
BHIKHUBHAI
RANCHHODBHAI DABHI - Applicant(s)
Versus
STATE
OF GUJARAT & 13 - Respondent(s)
======================================
Appearance
:
MRRUSHABHRSHAH for Applicant(s)
: 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
MR AD SHAH for
Respondent(s) : 2,
MR DIPEN A DESAI for Respondent(s) : 2,
MR
MANISH M DESAI for Respondent(s) : 2,
MR KUNAN B NAIK for
Respondent(s) : 3 - 4.
MR PRAVIN GONDALIYA for Respondent(s) :
5,
MR JM PANCHAL for Respondent(s) : 6 - 7, 10,
MRKJPANCHAL for
Respondent(s) : 6 - 7, 10,
MR SUDHIR SHAH for Respondent(s) :
8,
NOTICE SERVED BY DS for Respondent(s) : 9, 14,
MR BC DAVE
for Respondent(s) : 11,
DS AFF.NOT FILED (N) for Respondent(s) :
12 - 13.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 08/09/2010
ORAL
ORDER
In
view of the further affidavits filed by the respondent No.2-original
complainant, which is taken on record, and confirmed about the
settlement with the respondent No.2-original complainant viz.
Ukabhai Naranbhai Patel, who is present in the Court with learned
counsel Mr.A.D.Shah and has reaffirmed about the settlement arrived
at between the parties.
Learned
advocate Mr.Munshi for Piyushbhai Ranchhodbhai Patel has submitted
for clarification with regard to a part of the land which is not a
subject matter in the settlement, and, therefore, in view of this
clarification it is not a part of settlement i.e. land bearing
survey number 256, Block No.153 situated at Vesu having T.P.Scheme
No.5, is not included in the settlement.
In
view of the aforesaid development, the prayer regarding quashing and
setting aside the First Information Report bearing M.Case No.2 of
2010 of Umra Police Station would stand quashed and set aside and
the respondent No.2-Original Complainant is permitted to withdraw
the inquiry case No.16 of 2009.
In
view of this, It goes without saying that the order under challenge
passed in Crimi9nal Revision Application No.105 of 2004 dated 26th
April, 2010 as well as the order passed in delay application being
Criminal Miscellaneous Application No.1587 of 2009 dated 22nd
March, 2010 shall also stand set aside.
At
the instance of learned counsel Mr. Munshi it is made clear that
this order is passed without prejudice to the rights and contentions
of his client with regard to aforesaid land bearing survey no.256
and it will not come in his way.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[RAJESH
H. SHUKLA, J.]
Amit
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