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Sohebkhan Faridkhan Pathan vs State Of Gujarat on 14 September, 2018

R/CR.MA/17260/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 17260 of 2018
With
R/CRIMINAL MISC.APPLICATION NO. 13615 of 2016

SOHEBKHAN FARIDKHAN PATHAN
Versus
STATE OF GUJARAT

Appearance:
MR SAMIR AFZAL KHAN(3733) for the PETITIONER(s) No. 1,2,3,4,5
MR YUSUFKHAN PATHAN, ADVOCATE for the RESPONDENT(s) No. 2
MR L.B. DABHI, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 14/09/2018
COMMON ORAL ORDER

1. Heard the learned advocates appearing for the respective
parties. Learned advocate Mr. Yusufkhan Pathan states that he has
instructions to appear for the original complainant – respondent
No.2. He is directed to file his appearance forthwith.

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.

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. I – 8 of 2016 registered with Mahila Police
Station, Dist. Ahmedabad for the commission of offence
punishable under Sections 498A, 323, 506(2), 114 of the Indian

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R/CR.MA/17260/2018 ORDER

Penal Code and Section 3 7 of the Dowry Prohibition Act 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 respondent No.2 has filed affidavits 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
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
affidavits filed by respondent No.2 – Pathan Romana d/o Yunuskhan
Rahimkhan Pathan dated 12.09.2018. 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

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R/CR.MA/17260/2018 ORDER

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
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 – 8 of 2016 registered with Mahila Police
Station, Dist. 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. Rule is made absolute.

Direct service is permitted.

(R.P.DHOLARIA, J)
CHANDRASHEKHAR

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