R/CR.MA/23910/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 23910 of 2015
SURYAKANTABEN W/O AMBALAL LALJIBHAI THAKKAR 2….Applicant(s)
Versus
STATE OF GUJARAT, SECRETARY HOME DEPARTMENT
1….Respondent(s)
Appearance:
MR NM KAPADIA, ADVOCATE for the Applicant(s) No. 1 – 3
MR NAYAN D PAREKH, ADVOCATE for the Respondent(s) No. 2
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 11/01/2018
ORAL ORDER
1 Leave to amend the cause title so as to add the husband as one of
the petitioners.
2 By this application, the applicants original accused seek to invoke
the inherent powers of this Court under Section 482 of the Code of
Criminal Procedure, 1973 for quashing of the proceedings of Criminal
Case No.592 of 2015 pending in the Court of the Additional Chief
Metropolitan Magistrate, Court No.19, Ahmedabad arising from the
F.I.R. being C.R. No.I57 of 2015 registered with the Vatva Police
Station, Ahmedabad for the offence punishable under Sections 498A and
506(1) read with 114 of the Indian Penal Code.
3 Today, when the matter is taken up for hearing, it is jointly
submitted by the learned advocates appearing for the respective parties
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that the dispute has been amicably resolved between the parties and the
respondent no.2 has no objection if the proceeding of the criminal case is
quashed. The respondent no.2 viz. Sonalben wife of Dipakkumar
Ambalal Thakkar is personally present along with her son in the Court
and she is being identified by her learned advocate Mr. Nayan Parekh.
She has filed an affidavit inter alia stating as under:
“I, Sonalben W/o Dipakkumar Ambalal Thakkar, residing at: 52
Haridarshan Park Society, Opp. Baroda Express Highway, Nr. Indian
Bank, CTM, Ahmedabad, do hereby on solemn affirmation state as under:
I am the complainant of the FIR in question, bearing CRNo.II57/2015
lodged with Vatva Police Station Dist. Ahmedabad, for commission of
offence under Sections 498A, 506 114 of Indian Penal Code. I further
submit that in furtherance of the above stated FIR, the charge sheet has
been filed and is culminated into Criminal Case No.592/15, currently
pending before the Add. Chief Metropolitan Magistrate, Ahmedabad.
Since the dispute is amicably resolved, I have no objection if the criminal
proceedings initiated on the basis of FIR registered by me, are quashed
and set aside in totality qua all the accused including the present
applicants. It is requested to the Hon’ble Court to quash and set aside the
FIR in totality and all the subsequent proceedings against all the accused,
as the settlement is arrived at.
As the compromise / settlement is arrived recently, I am giving the
consent to quash the FIR and criminal case by way of filing the present
affidavit and accordingly it is humbly requested before this Hon’ble Court
to pass an appropriate order quashing the FIR bearing CRNoII57/2015
lodged with Vatva Police Station, Dist. Ahmedabad and also the criminal
case No.592/15, currently pending before the Add. Chief Metropolitan
Magistrate, Ahmedabad.
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Whatever stated above is true to the best of my knowledge and belief and I
believe the same to the true.
Solemnly affirmed on this 11th day of Jan. 2018 at A’bad.”
4 The learned counsel appearing for the parties submitted that in
all, Rs.38,00,000/ has been paid to the respondent No.2 towards full
and final settlement. In the past, two cheques of the amount of
Rs.9,50,000/ each were handed over to the respondent No.2, and
today, two cheques of the amount of Rs.9,50,000/ each are being
handed over to the respondent No.2. The respondent No.2 is personally
present along with her son. She takes possession of the two cheques
being handed over to her today of the amount of Rs.9,50,000/ each.
5 Taking into consideration the fact that the dispute between the
parties has been amicably settled, no useful purpose would now be
served to allow the criminal case to proceed further. The affidavit is
ordered to be taken on record.
6 In the result, this application is allowed. The proceedings of the
Criminal Case No.592 of 2015 pending in the Court of the Additional
Chief Metropolitan Magistrate, Court No.19, Ahmedabad arising from
the F.I.R. being C.R. No.I57 of 2015 registered with the Vatva Police
Station, Ahmedabad are quashed. All consequential proceedings
pursuant thereto shall stand terminated. Rule is made absolute. Direct
today service is permitted.
7 The Registry shall accept the vakalatnama of Mr. Nayan Parekh,
the learned advocate who has entered appearance on behalf of the
respondent no.2.
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(J.B.PARDIWALA, J.)
chandresh
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