Karan Chamanji "Thakor & 2 vs State Of Gujarat & on 16 August, 2017

R/CR.MA/20400/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION NO. 20400 of 2017
(FOR QUASHING SET ASIDE FIR/ORDER)

KARAN CHAMANJI “THAKOR 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR HARNISH V DARJI, ADVOCATE for the Applicant(s) No. 1 – 3
MR LB DABHI, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 16/08/2017

ORAL ORDER

1. Heard the learned advocates appearing for the respective
parties. Learned advocate Mr. Dholakiya states that he has
instructions to appear for the complainant – respondent No.2.
He is directed to file his appearance forthwith. The learned
advocate appearing for the complainant states that the
matter is settled between the parties. The affidavit filed by
the elder brother and natural guardian of the prosecutrix –
complainant is taken on record

2. Rule. Learned Additional Public Prosecutor as well as
learned advocate appearing for the Complainant waive
service of Rule on behalf of the respective respondents.

3. Considering the issue involved in the present application and
with consent of the learned advocates appearing for the
respective parties as well as considering the fact that the
dispute amongst the applicants and respondent No.2 has
been resolved amicably, this application is taken up for final
disposal forthwith.

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4. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as “the
Code”), the applicants have prayed for quashing and setting
aside F.I.R. bearing C.R. No. II – 3045 of 2017 registered
with Shahibaug Police Station, Ahmedabad for the
commission of offence punishable under Sections 10 and 11
of the Prohibition of Child Marriage Act, 2006 under Sections
5(1), 6, 16 and 17 of the Protection of Children From Sexual
Offences Act, 2012 and also under Sections 114 and 376 of
the IPC as well as quash all other consequential proceedings
arising out of the aforesaid FIR qua the applicants.

5. Learned advocate for the applicants has taken this Court
through the factual matrix arising out of the present
application. At the outset, it is submitted that the parties
have amicably resolved the issue and therefore, any further
continuance of the proceedings pursuant to the impugned
FIR as well as any further proceedings arising therefrom
would create hardship to the applicants. It is submitted that
elder brother and natural guardian of the complainant –
respondent No.2 has filed an affidavit in these proceedings
and has declared that the dispute between the applicants and
respondent No.2 is resolved due to intervention of trusted
persons of the society. It is further submitted that in view of
the fact that the dispute is resolved, the trial would be futile
and any further continuance of the proceedings would
amount to abuse of process of law. It is therefore submitted
that this Court may exercise its inherent powers conferred
under Section 482 of the Code and allow the application as
prayed for.

6. Learned Additional Public Prosecutor appearing for the State
has opposed the present application and submitted that

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considering the seriousness of the offence, the complaint in
question may not be quashed and the present application may
be rejected.

7. Learned advocate for respondent No.2 has reiterated the
contentions raised by the learned advocate for the applicants.
The learned advocate for respondent No.2 also relied upon
the affidavit filed by Ashokji B. Thakor dated 10.8.2017.
Respondent No.2 is present in person before the Court and is
identified by learned advocate for respondent No.2. On
inquiry made by the Court, respondent No.2 has declared
before this Court that the dispute between the applicants and
the respondent No.2 is resolved due to intervention of trusted
persons of the society and therefore, now the grievance
stands redressed. It is therefore submitted that the present
application may be allowed.

8. Having heard learned advocates appearing for the respective
parties, considering the facts and circumstances arising out
of the present application as well as taking into consideration
the decisions rendered in the cases of Gian Singh Vs. State
of Punjab Anr., reported in (2012) 10 SCC 303, Madan
Mohan Abbot Vs. State of Punjab, reported in (2008) 4
SCC 582, Nikhil Merchant Vs. Central Bureau of
Investigation Anr., reported in 2009 (1) GLH 31, Manoj
Sharma Vs. State Ors., reported in 2009 (1) GLH 190
and Narinder Singh Ors. Vs. State of Punjab Anr.
reported in 2014 (2) Crime 67 (SC), it appears that further
continuation of criminal proceedings in relation to the
impugned FIR against the applicants would be unnecessary
harassment to the applicants. It appears that the trial would
be futile and further continuance of the proceedings pursuant
to the impugned FIR would amount to abuse of process of law
and hence, to secure the ends of justice, the impugned FIR is

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R/CR.MA/20400/2017 ORDER

required to be quashed and set aside in exercise of powers
conferred under Section 482 of the Code.

9. Resultantly, this application is allowed and the impugned FIR
bearing C.R. No. II – 3045 of 2017 registered with
Shahibaug Police Station, Ahmedabad filed against the
present applicants is hereby quashed and set aside qua the
applicants. Consequently, all other proceedings arising out of
the aforesaid FIR are also quashed and set aside qua the
applicants.

10. Since the FIR itself has been quashed by this Court, the
applicant No. 1 herein, who is in the jail, shall be released
from the Jail forthwith.

11. Rule is made absolute. Direct service is permitted.

(A.J.DESAI, J.)
*Kazi…

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