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SCR.A/72/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 72 of 2011
With
SPECIAL
CRIMINAL APPLICATION No. 56 of 2011
=============================================
YOGIRAJSINH
KISHORESINH VADHER & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance
:
MR PM LAKHANI for Applicant(s)
: 1 - 3.MR RH RUPARELIYA for Applicant(s) : 1 - 3.MS.NEHA R
RUPARELIYA for Applicant(s) : 1 - 3.
MR KARTIK PANDYA 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 in each of the petitions for the
respondent-State.
2. These
petitions under Section 482 of the Criminal Procedure Code, 1973 are
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-447 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-447 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 students and
due to misunderstanding the complaints have 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, complainants have filed
affidavits and have reiterated the contents of the affidavits that
they have no objection if the impugned complaint are quashed and set
aside. The complainants are 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 complaint is quashed and set aside.
These petitions are allowed. Rule is made absolute accordingly.
D.S. Permitted.
[ANANT
S. DAVE, J.]
//smita//
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