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CR.MA/5001/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5001 of 2008
==========================================
PRATIK
JAYANTIBHAI KAPASI & ANR
Versus
STATE
OF GUJARAT & ANR
==========================================
Appearance
:
MRS SHILPA R SHAH for
Applicants:1-2.
Mrs.M.L.SHAH, ADDL.PUBLIC PROSECUTOR for
Respondent:1
RULE SERVED BY DS for
Respondent:2
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 30/06/2008
ORAL ORDER
By
this application under Section 482 of the Code of Criminal
Procedure, 1973, (‘the Code’), the petitioner has prayed to quash
the First Information Report registered vide Gujarat University
Police Station I-C.R.No.71 of 2008.
The
facts of the case stated briefly are that the respondent No.2
herein, had lodged a complaint against the petitioner herein
alleging commission of offences punishable under sections 323, 324,
294(b) of the Indian Penal Code and section 135 of the Bombay Police
Act, which came to be registered as a First Information Report vide
Gujarat University Police Station I-C.R.No.71 of 2008.
It
appears that, subsequently the parties have amicably settled the
dispute between them pursuant to which the respondent No.2-
complainant viz. Zubin Jayendrabhai Asra as well as the injured
person viz. Kishorbhai Chhaganbhai Patel have filed affidavits
before this Court stating that because of intervention of senior
persons and other officers of the University, the matter has been
compromised and accordingly there is no ill-will or dispute between
the parties. It is accordingly stated in the affidavit that the
complaint in question be quashed in the interest of justice.
Ms.Shilpa
Shah, learned Advocate for the petitioners has submitted that in
view of the fact that the parties have amicably settled the dispute
between them, continuation of investigation would amount an abuse of
the process of Court.
Mr.Ashish
Dagli, learned Advocate for respondent No.2- original complainant
has reiterated what is stated by the learned Advocate for the
petitioners. It is submitted that in view of the affidavit filed by
the complainant and the injured person wherein it is categorically
stated that subsequent to the lodging of the First Information
Report in question, a compromise has been arrived at recently and
there is no ill-will or dispute between the parties, the complaint
be quashed in the interest of justice.
It
is settled legal position as held by the Apex Court as well as this
Court and other High Courts that this Court can, on the facts and
circumstances of a case, if it so deems fit, quash the complaint
even if the offences are non-compoundable. Looking to the nature of
the allegations made in the present complaint as well as looking to
the fact that the parties have amicably settled the matter, in the
opinion of this Court continuation of the proceedings would amount
to an abuse of the process of Court. Besides, in view of the
amicable settlement arrived at between the parties, chances of an
ultimate conviction are also bleak. In the circumstances, the
interest of justice would best be served if the complaint in
question is quashed. This is, therefore, a fit case for exercise of
inherent powers under Section 482 of the Code.
For
the foregoing reasons, the application succeeds and is, accordingly,
allowed. The First Information Report registered vide Gujarat
University Police Station I-C.R.No.71 of 2008 is hereby quashed.
Rule is made absolute.
(HARSHA
DEVANI, J.)
Amit/-
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