Quashed

Salimbhai Hamidbhai Memon v. State of Gujarat

Gujarat HC4 Feb 2022CR.MA/4989/2020

Case brief

AI extract

What is this about?

The High Court of Gujarat at Ahmedabad quashed an FIR registered for offences under Sections 406, 420, 465, 467, 468, 471, and 120B of the Indian Penal Code. The court found that the dispute was private in nature and parties had amicably settled the matter. Upon confirmation of settlement by the complainant, the court held that no fruitful purpose would be served by continuing the proceedings.

What did the court decide?

The impugned FIR (C.R. No. I-3 of 2020) and any further proceedings arising therefrom were quashed. Connected Criminal Miscellaneous Application No. 1 of 2021 was disposed of.

Salimbhai Hamidbhai Memon Vs State of Gujarat — Quashing and FIR | Gujarat HC (2022)

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R/CR.MA/4989/2020 ORDER DATED: 04/02/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 4989 of 2020

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With

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CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2021

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In R/CRIMINAL MISC.APPLICATION NO. 4989 of 2020

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SALIMBHAI HAMIDBHAI MEMON

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Versus STATE OF GUJARAT

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Appearance:

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MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR DHRUV K DAVE(6928) for the Respondent(s) No. 2

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MS MD MEHTA, ASSISTANT PUBLIC PROSECUTOR for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

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Date : 04/02/2022

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ORAL ORDER

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Heard learned Advocate Mr. Ashish M. Dagli on behalf of the

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applicant and learned APP Ms. M. D. Mehta for the respondent-State, learned Advocate Mr. Dhruv K. Dave for respondent no. 2.

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By way of this application, the applicant prays for quashing of

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FIR being C. R. No. I-3 of 2020 registered with the DCB Police Station Vadodara City on 28.01.2021 for offences punishable under Sections406, 420, 465, 467, 468, 471 and 120B of Indian Penal Code.

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Learned Advocate Mr. Dagli as well as learned Advocate Mr.

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Page 1 of 4

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R/CR.MA/4989/2020 ORDER DATED: 04/02/2022

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Dave would jointly submit that the matter has been amicably settled between the parties and whereas learned Advocate Mr. Dave would submit that the applicant is present and he may be permitted to join the meeting. Learned Advocate Mr. Dave would further submit that the applicant has also filed an affidavit where the fact of settlement between the parties is recorded and the complainant also submits his consent for quashing of the complaint impugned.

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Learned APP Ms. Mehta would submit that the dispute essentially being private in nature, this Court may pass appropriate orders.

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Having regard to the submissions made on behalf of the parties, this Court having permitted the complainant to join the meeting and the complainant being identified by learned Advocate Mr. Dave, upon inquiry confirms the fact of settlement and further confirms that he has settled the issue with the applicant and he would not have any objection if the complaint impugned is quashed by this Court.

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At this stage, learned Advocate Mr. Dave would submit that an affidavit submitted by the complainant he has mentioned that the outstanding shall be paid in UAE Dirham and for which as per the

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Page 2 of 4

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R/CR.MA/4989/2020 ORDER DATED: 04/02/2022

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settlement between the parties, advance cheque has been issued.

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In view of the fact that the parties having settled the matter inter se and in view of the confirmation of such settlement by the complainant personally as well as by way of an affidavit and the complainant consenting to have the complaint quashed, more particularly, since this Court is of the opinion that the dispute between the parties was personal in nature, in the considered opinion of this Court no fruitful purpose would be served if the complaint and any further proceeding arising there from is permitted to continue.

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To come to such a conclusion, this Court relies upon the observations of the Supreme Court in 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 , 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).

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Having regard to the same, the impugned complaint being FIR being C. R. No. I-3 of 2020 registered with the DCB Police Station Vadodara on 28.01.2021 for offences punishable under Sections-406, 420, 465, 467, 468, 471 and 120(B) of Indian Penal Code and any further

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Page 3 of 4

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R/CR.MA/4989/2020 ORDER DATED: 04/02/2022

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proceedings arising therefrom are quashed qua the applicant herein. Connected Application being Criminal Miscellaneous Application No. 1 of 2021 stands disposed of in view of the disposal of the main matter. Rule made absolute to the aforesaid extent.

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(NIKHIL S. KARIEL,J)

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Mrs. J. J. Kedia

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Salimbhai Hamidbhai Memon v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Salimbhai Hamidbhai Memon v. State of Gujarat

Case brief

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