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CR.MA/13844/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13844 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
: Sd/-
=======================================================
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 ?
=======================================================
HIRABHAI
NANJIBHAI VASANI & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=======================================================
Appearance :
MR
MITESH R AMIN for Applicant(s) : 1 - 4. MR BN
LIMBACHIA for Applicant(s) : 1 - 4.
MR KP RAVAL APP for
Respondent(s) : 1,
MR MRUDUL BAROT for Respondent(s) :
2,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 10/10/2011
ORAL
JUDGMENT
Rule.
Learned A.P.P., Mr.K.P. Raval for the respondent no.1-State of
Gujarat and learned counsel, Mr.Mrudul Barot for
the respondent no.2-original complainant waive service of notice of
rule.
The
present application has been filed by the applicants under Section
482 of the Criminal Procedure
Code, 1973 for the prayer to quash and set aside FIR being
C.R.No.I-107/2011 registered with Isanpura Police Station, District
: Ahmedabad on the grounds mentioned in the application.
Heard
learned counsel, Mr.Brijesh Limbachia for the applicants, learned
A.P.P., Mr.K.P. Raval for the respondent no.1-State of Gujarat and
learned counsel, Mr.Mrudul Barot for the respondent no.2-original
complainant.
Learned
counsel, Mr.Limbachia for the applicants and learned counsel,
Mr.Barot for the respondent no.2 have stated that the parties have
amicably settled the dispute, for which, affidavit of the
complainant-respondent no.2 herein is placed on record stating that
it was only with regard to trespass regarding the right of passing
through the land, which has been amicably settled.
In
view of the rival submissions and having regard to the affidavit
filed by the complainant and also considering the nature and alleged
offence as well as guidelines laid down by the Hon’ble Apex Court in
a judgment in case of Madan Mohan Abbot V/s State of Punjab
reported in (2008) 4 SCC 582, wherein it has been observed
that the pragmatic approach with ground of realities should be
adopted, the present application deserves to be allowed.
In
the circumstances, the present application stands allowed in terms
of Para No.7(A). The impugned FIR being C.R.No.I-107/2011, for the
offences punishable under Sections 452, 441, 453, 447, 506(1),
294(b) and 114 of the Indian Penal Code registered with Isanpur
Police Station, District : Ahmedabad dated 27.04.2011 is hereby
quashed and set aside.
Rule
is made absolute. Direct service is permitted.
Sd/-
(RAJESH
H.SHUKLA, J.)
/patil
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