Allowed

Khushendra Dilipkumar Patel v. State of Gujarat

Gujarat HC12 Feb 2015CR.MA/3839/2010

Case brief

AI extract

What is this about?

The applicant sought to quash an FIR under Section 482 CrPC for an offence under Section 381 IPC. The court observed that the parties had settled amicably and the original complainant did not wish to prosecute. Since the offence is compoundable, the court quashed the criminal proceedings to avoid undue hardship.

What did the court decide?

The impugned FIR I-CR No.86/2010 registered with Pandesara Police Station and the criminal proceedings initiated thereunder are quashed and set aside.

Khushendra Dilipkumar Patel Vs State of Gujarat — Quashing and FIR | Gujarat HC (2015)

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R/CR.MA/3839/2010 JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 3839 of 2010

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For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH

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1 Whether Reporters of Local Papers may be allowed to see the judgment ?

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2 To be referred to the Reporter or not ?

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3 Whether their Lordships wish to see the fair copy of the judgment ?

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4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ?

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5 Whether it is to be circulated to the civil judge ?

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KHUSHENDRA DILIPKUMAR PATEL....Applicant(s)

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Versus

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STATE OF GUJARAT & 1....Respondent(s)

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Appearance:

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HL PATEL ADVOCATES, ADVOCATE for the Applicant(s) No. 1 MR HARDIK A DAVE, ADVOCATE for the Respondent(s) No. 2

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MS NISHA THAKORE, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH

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Date : 12/02/2015 ORAL JUDGMENT

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[1.0] Present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicant herein – original accused to quash and set aside the impugned FIR being I-CR No.86/2010 registered with Pandesara Police Station for the offence punishable under Section 381 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”).

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Page 1 of 2

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R/CR.MA/3839/2010 JUDGMENT

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[2.0] Today, when the present application is taken up for final hearing, learned advocates appearing on behalf of respective parties have stated at the Bar that as such the parties have settled the dispute amicably and the original complainant does not want to further prosecute the applicant and/or proceed further with the impugned FIR. An affidavit is filed today affirmed by the original complainant which is directed to be taken on record.

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[3.0] In view of the above, when the original complainant does not want to proceed further and/or prosecute the applicant and the offence alleged is under Section 381 of the CrPC, which is compoundable with the permission of the Court, to continue the criminal proceedings against the applicant pursuant to the aforesaid impugned FIR shall cause undue hardship to the parties and as such it will be exercise in futility as in view of the stand taken by the original complainant now, it is likely that the original complainant would not support the prosecution.

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In view of the above, this Court is of the opinion that this is a fit case to exercise powers under Section 482 of the CrPC and to quash and set aside the impugned criminal proceedings against the applicant which has been initiated pursuant to the impugned FIR.

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[4.0] In view of the above and for the reasons stated above and now the stand taken by the respective parties recorded hereinabove, present application is allowed. Impugned criminal proceedings / FIR being I-CR No.86/2010 registered with Pandesara Police Station is hereby quashed and set aside. Rule is made absolute accordingly.

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(M.R. SHAH, J.)

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Ajay

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Khushendra Dilipkumar Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Khushendra Dilipkumar Patel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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