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Manishbhai Ganpatbhai Sagathiya vs State Of Gujarat on 10 September, 2018

R/CR.MA/16929/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 16929 of 2018

MANISHBHAI GANPATBHAI SAGATHIYA
Versus
STATE OF GUJARAT

Appearance:
MR Y J PATEL(3985) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 10/09/2018

ORAL ORDER

1. Heard the learned advocates appearing for the respective
parties. Learned advocate Mr.A.R.Kadri states that he has an
instruction to appear for the respondent No.2 – complainant.
He is permitted to file his appearance forthwith. He would
further submit that matter is amicably settled and the
daughter of the complainant – prosecutrix shall marry with
the applicant – accused after a period of two months as and
when she attains the age of majority.

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 applicant and respondent No.2 has been
resolved amicably, this application is taken up for final
disposal forthwith.

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R/CR.MA/16929/2018 ORDER

4. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as “the
Code”), the applicant has prayed for quashing and setting
aside FIR bearing C.R.No.I-55 of 2018 registered with
Wadhvan Police Station for the commission of offence
punishable under Sections 363 and 366 etc. of the IPC as well
as all other consequential proceedings arising out of the
aforesaid FIR qua the applicant.

5. Learned advocate for the applicant 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 applicant. It is submitted that
respondent No.2 has filed an affidavit in these proceedings
and has declared that the dispute between the applicant and
respondent No.2 is resolved. He would further submit that
the applicant shall marry with the daughter of the
complainant – prosecutrix after a period of two months from
the date of attaining the age of majority of prosecutrix. He
would further submit that there is no offence of Section 376
of the IPC. 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
considering the seriousness of the offence, the complaint in

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R/CR.MA/16929/2018 ORDER

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 applicant.
The learned advocate for respondent No.2 also relied upon
the affidavit filed by respondent No.2 – Savjibhai Kanjibhai
Vora dated 10.9.2018. Respondent No.2 is present in person
before the Court along with his daughter – prosecutrix 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 applicant and
respondent No.2 is resolved and the family members as well
as the applicant are ready and willingness that the applicant
shall marry with the daughter of the complainant –
prosecutrix after a period of two months from the date of
attaining the age of majority of prosecutrix and therefore,
now the grievance stands redressed. It is therefore submitted
that the present application may be allowed.

8. Having heard the 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 applicant would be
unnecessary harassment to the applicant. It appears that the

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R/CR.MA/16929/2018 ORDER

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 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.I-55 of 2018 registered with Wadhvan
Police Station filed against the present applicant is hereby
quashed and set aside. Consequently, all other proceedings
arising out of the aforesaid FIR are also quashed and set
aside qua the applicant.

10. The impugned FIR bearing C.R.No.I-55 of 2018 registered
with Wadhvan Police Station is hereby quashed by this Court,
if the applicant is in jail, shall be released forthwith, if not
required in another case.

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

(A.J.DESAI, J) 
*F.S.KAZI……

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