Allowed

Vinodbhai Gokulbhai Kahar v. State of Gujarat

Gujarat HC7 Feb 2022CR.MA/5820/2020

Case brief

AI extract

What is this about?

The High Court of Gujarat quashed an FIR based on complaint settlement. The applicant prayed for quashing of an FIR registered for offences under sections 323, 504, 506(2) IPC and section 135 of the Gujarat Police Act. The applicant established that the parties had settled the dispute, confirmed by the original complainant appearing before the court and assenting to the quashing. The court observe

What did the court decide?

The criminal complaint (FIR C.R. No.11209041200074) and consequential proceedings against the applicants were quashed. The rule was made absolute.

Vinodbhai Gokulbhai Kahar Vs State of… — Constitutional and Fundamental Rights | Gujarat HC (2022)

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R/CR.MA/5820/2020 ORDER DATED: 07/02/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 5820 of 2020

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VINODBHAI GOKULBHAI KAHAR

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Versus

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STATE OF GUJARAT

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Appearance:

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MS DIVYA PANCHAL FOR MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1,2,3,4

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MR MANISH S SHAH(5859) for the Respondent(s) No. 2 MS MAITHILI D MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

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Date : 07/02/2022

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ORAL ORDER

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Heard learned Advocate Ms. Divya Panchal for learned Advocate Shri Bhunesh Rupera on behalf of the applicants, learned Additional Public Prosecutor Ms. Maithili D. Mehta on behalf of respondent no.1- State and learned Advocate Shri Manish Shah on behalf of respondent no.2- original complainant.

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Rule. Learned APP Ms. Mehta waives service of notice of rule on behalf of respondent no.1- State and learned Advocate Shri Shah waives service of notice of rule on behalf of respondent no.2- original complainant.

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By way of this application the applicants praying for quashing of FIR being C.R. No.11209041200074 registered on 23.02.2020 with Prantij Police Station, District: Sabarkantha for offences punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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Page 1 of 3

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R/CR.MA/5820/2020 ORDER DATED: 07/02/2022

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Learned Advocate Ms. Panchal would submit that originally the petition had been preferred praying quashment of the complaint on its merits, later on, the parties have settled the dispute inter se. Learned Advocate would submit that the complainant has also filed an affidavit confirming the fact of settlement between the parties. Learned Advocate would therefore submit that this Court may quash the impugned complaint.

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Learned Advocate Shri Shah on behalf of the respondent no.2original complainant supports and confirms the submissions made by learned Advocate Ms. Panchal. Learned Advocate Shri Shah would further submit that the complainant is present and whereas he may be permitted to join the meeting. Permission is granted. Upon permission being granted and upon joining the meeting the complainant -Ravikant Kishanbhai Kahar who is identified by learned Advocate Shri Shah upon inquiry by this Court confirms the fact of settlement and confirms that he would not have any objection if the complaint impugned is quashed against the applicants herein.

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Learned APP Ms. Mehta would submit that while the offences alleged in the complaint were serious in nature but in view of the subsequent settlement this Court may pass appropriate orders.

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Having regard to the submissions made by learned Advocates for the parties since the dispute between the parties is stated to be settled and since the fact of the settlement is confirmed by original complainant and since the complainant also assents to the impugned complaint being quashed, in the considered opinion of this Court no fruitful purpose would be served if the complaint impugned is permitted to proceed further insofar as the applicants herein are concerned. This Court relies upon the observations of the Hon’ble Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr. , reported in (2012) 10 SCC 303 , Madan Mohan Abbot Vs. State of

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Page 2 of 3

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R/CR.MA/5820/2020 ORDER DATED: 07/02/2022

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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) to arrive at the above conclusion.

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Having regard to the above discussions, Criminal Complaint being FIR being C.R. No.11209041200074 registered on 23.02.2020 with Prantij Police Station, District: Sabarkantha for offences punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Section 135 of the Gujarat Police Act and consequential proceedings arising from the impugned complaint qua the applicants are quashed. Rule is made absolute to the above extent.

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Direct service is permitted.

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(NIKHIL S. KARIEL,J)

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NIRU

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Page 3 of 3

Vinodbhai Gokulbhai Kahar v. State of Gujarat

Case brief

What is this about?

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Vinodbhai Gokulbhai Kahar v. State of Gujarat

Case brief

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