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R/CR.MA/3373/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 3373 of 2011
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ILABEN
DINESHCHANDRA BHATT & 3....Applicant(s)
Versus
THRO'
PP & 1....Respondent(s)
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Appearance:
MR
PREMAL S RACHH as ADVOCATE for the Applicant(s) No. 1-4
MR
JK SHAH APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 08/06/2011
ORAL
ORDER
Rule. Learned APP,
Mr.J.K.Shah, waives service of rule for and on behalf of
respondent-State and Mr.Pratik Barot, learned advocate, waive
service of rule for and on behalf of respondent No.2- original
complainant. Rule is made returnable forthwith.
This is an
application for quashing of first information report lodged by
respondent No.2 dated 6.8.2007 vide C.R.No.55 of 2007 registered
with Jamkandorna Police Station, District:Rajkot on the ground that
the entire dispute has been resolved as amicably between the parties
and the entire payment has been received by respondent No.2, the
original first informant.
Prima-facie, it
appears to be dispute between two individual parties with regard to
transactions.
Learned advocate,
Mr.Pratik Jasani, has appeared today for the original first
informant i.e. respondent No.2 and has filed an affidavit, which is
ordered to be taken on record, stating as under:
(3) I say that
the there was no enmity between myself and the present petitioners. I
further say and submit that FIR in question was lodged by me out of
anger and anxiety. I say that there was a misunderstanding which
occurred between myself and the present petitioners. Thereafter, a
meeting took place between the parties for resolving the disputes and
grievances as a result of which the impugned FIR was lodged by me.
Accordingly, both the parties (orig. complainant deponent herein
and petitioners-accused) arrived at consensus. I further say that I
have already received back my outstanding legal dues. Thus, the
parties have amicably settled all the disputes between them.
(4) I
humbly submit that if the criminal proceedings continue and both the
sides are subjected to rigors of criminal trial which would take long
to get concluded, it will immensely affect our future prospects of
better life.
(5) In
the facts and circumstances as narrated above, I at my free will,
wish and desire am stating on oath that I do not wish to prosecute
the criminal proceedings with petitioners as the dispute between us
has been amicably settled. I do not wish to prosecute the criminal
proceedings any further and have no objection if the complaint is
quashed in the interest of justice. I state that this Misc. Criminal
Application for quashing the complaint being C.R.No.55 of 2007
registered with Jamkandorna Police Station, Rajkot may kinldy be
allowed in the interest of justice .
In view of the
fact that this is a dispute inter-se between the two parties and the
same has been resolved amicably and as respondent No.1 is not
desirous of continuing by further cross proceedings pursuant to the
FIR which was lodged way back in the year 2007, no useful purpose
would be served to continue with the proceedings.
In this view of
the matter, FIR being C.R. No.I-55 of 2007 lodged before Jamkandoran
Police Station, District: Rajkot is hereby quashed. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(J.B.PARDIWALA,
J.)
(ashish)
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