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Pragneshkumar Gopalchandra Soni vs State Of Gujarat on 16 August, 2018

R/CR.MA/12337/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 12337 of 2018

PRAGNESHKUMAR GOPALCHANDRA SONI
Versus
STATE OF GUJARAT

Appearance:
MR JIGAR G GADHAVI(5613) for the PETITIONER(s) No. 1,2
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 2
MR HK PATEL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
MR HEMANT MAKWANA for the COMPLAINANT

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 16/08/2018
ORAL ORDER

1. RULE. Learned Additional Public Prosecutor Mr. H.K.

Patel waives service of notice of Rule on behalf of the

respondent State.

2. Learned Advocate Mr. Hemant Makwana is permitted to

file his appearance on behalf of the original complainant.

3. This application under Section 482 of the Code of

Criminal Procedure, 1973 (hereinafter referred to in

short as ‘the Code’) is filed for quashing of the First

Information Report being I-C.R. No.17/2018 with

Jambughoda Police Station, Panchmahal for the offences

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R/CR.MA/12337/2018 ORDER

punishable under Sections 498A, 323, 504 and 506(2) of

the Indian Penal Code and the chargesheet filed

thereafter.

4. Learned Advocate for the applicant submits that the

application for quashing is moved on the strength of the

settlement now arrived at between the parties with the

intervention of the elders in the society. It is submitted

that the incident had occurred on account of an

misunderstanding between the parties. It is also

submitted that in any case, since the matter has been

settled between the parties, the Court may consider the

prayer/s made in this application.

5. Learned Advocate Mr. Hemant Makwana appearing on

behalf of the respondent No.2 – original complainant

tenders on record the affidavit of the complainant – Soni

Ankitaben Pragnesh. The complainant herself is present

in the Court and is identified by the learned Advocate.

The complainant also ratifies the contents of the

settlement arrived at between the parties.

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R/CR.MA/12337/2018 ORDER

6. The affidavit of the complainant is ordered to be taken on

record.

7. Considering the nature of allegations and considering the

fact that the matter has been settled between the parties

amicably, no useful purpose will be served in continuing

the investigation in the First Information Report.

8. In view of the above, the application is allowed. The First

Information Report bearing I-C.R. No.17/2018 with

Jambughoda Police Station, Panchmahal is ordered to be

quashed qua the applicant herein, as also the

consequential proceedings arising out of the impugned

First Information Report. Rule made absolute. Direct

Service is permitted.

(A.Y. KOGJE, J)
CAROLINE

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