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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