Single judge allowed application under CrPC 1973 s. 482 to quash FIR involving offences against a minor. Settlement reached between parties; trial deemed futile. Appellants freed.
Impugned FIR and all consequential proceedings quashed; applicant set at liberty; respondent ordered to pay Rs. 5,000 cost to Legal Services Authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/5912/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5912 of 2021
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KANUBHAI RAMESHBHAI NISARTA
Versus
STATE OF GUJARAT
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Appearance:
MR M A CHAUHAN(11262) for the Applicant(s) No.
1,2,3,4,5
MR SANJAY MATIDA, for the Respondent(s) No. 2
MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 04/05/2021
ORAL ORDER
Rule. Learned APP, Mr. Hardik Soni for respondent no.1 – State and learned advocate, Mr. Sanjay Matida for respondent no.2 – Original Complainant waive service of notice of Rule.Heard learned advocate, Mr.M.A. Chauhan for the applicants, learned APP, Mr. Hardik Soni for respondent no.1 – State and learned advocate, Mr. Sanjay Matida for respondent no.2 – Original Complainant, who is permitted to file his Vakalatnama in the Registry.With the consent of learned advocate for the applicants and learned advocate for respondents, present application is taken up for final disposal today.By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (forPage 1 of 3
R/CR.MA/5912/2021 ORDER
short, the ‘Code’), the applicants pray for
quashing and setting aside the FIR being C.R.
No.11821002210016 of 2021 registered with Sanjeli
Police Station, District Dahod, for the offence
punishable under Sections 363, 366 and 144 of the
Indian Penal Code and Sections 8 and 17 of the
POCSO Act.
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 dispute. In support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement of dispute duly signed by the respondent No.2 – complainant, copy of which is placed on record at Page No.15 of the compilation. Learned advocate for the applicants has also referred the statement of the victim girl. Copy of the same is placed on record at Page-54 of the compilation.Since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties which is confirmed by the original complainant through his learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned FIR is required to be quashed and set aside.Respondent No.2 shall pay the cost of Rs.5,000/(Rupees Five Thousand only) before the concerned District Legal Services Authority within a period of one month from the date of receipt of thisPage 2 of 3
R/CR.MA/5912/2021 ORDER
order.
Resultantly, this application is allowed. The impugned FIR being C.R. No.11821002210016 of 2021 registered with Sanjeli Police Station, District Dahod and all other consequential proceedings arising out of said FIR are hereby quashed and set aside. Resultantly, applicant No.1 be set at liberty if not required in any other case.Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.(VIPUL M. PANCHOLI, J)
SRILATHA
Page 3 of 3
3 provisions across 3 enactments
KANUBHAI RAMESHBHAI NISARTA
STATE OF GUJARAT
VIPUL M. PANCHOLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court