Gujarat High Court Case Information System
Print
SCR.A/71/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 71 of 2011
=============================================
DIVYARAJSINH
SAVJUBHAI JADEJA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance
:
MS. DIMPLE L. JOSHI for
Applicant(s) : 1 - 4.
MS CM SHAH ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/02/2011
ORAL
ORDER
1. Rule.
Learned APP, waives service of rule on behalf of respondent-State.
2. This
petition under Section 482 of the Criminal Procedure Code, 1973 is
filed with following prayers:
“(a)
Your Lordships be pleased to admit this petition;
(b)
Your Lordships be pleased to allow this petition by way of quashing
and setting aside the complaint being CR No.I-448 of 2010 filed
before Malaviya Nagar Police Station, Rajkot at Annexure-A;
(c)
During the pendency and final disposal of this petition, Your
Lordships may be pleased to stay the further investigation and all
subsequent proceedings in pursuance of the complaint being CR
No.I-448 of 2010 filed before Malaviya Nagar Police Station, Rajkot
at Annexure-A;
(d)
To pass any other appropriate and just order/s;”
3. Learned
advocate for the petitioners submit that petitioners are the students
and due to misunderstanding the complaint had been filed and due to
intervention of elderly persons and having realized consequences of
the action taken both the parties have decided to bury the hatchet
and arrive at a amicable settlement. All the persons are young and
at the threshold of their carrier. That, complainant had filed
affidavit and had reiterated the contents of the affidavit that he
has no objection if the impugned complaint are quashed and set aside.
The complainant is present in the Court.
4. Considering
the nature of offence, the scuffle took place out of range and that
they are students, I deem it just and proper to exercise powers under
Section 482 of the Code by quashing and setting aside the impugned
complaint and accordingly the complainant is quashed and set aside.
This petition is allowed. Rule is made absolute accordingly. D.S.
Permitted.
[ANANT
S. DAVE, J.]
//smita//
Top