Heard Mr.Tattvam K. Patel, learned advocate for the applicant-original accused No.4, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1-State and Mr.Ashish M. Dagli, learned advocate for respondent No.2-original complainant.
By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the applicant-original accused No.4 has prayed for quashing of complaint, which is registered as Criminal Case No.812 of 2012 before the court of Judicial Magistrate, First Class, Waghodia as well as order dated 13.04.2012 passed thereon.
Heard Mr.Tattvam K. Patel, learned advocate for the applicant-original accused No.4, as well as Mr.Ashish M. Dagli, learned advocate for respondent No.2-original complainant, have jointly stated that during pendency of the present application the parties concerned have resolved the dispute amicably and have further submitted that in fact even the original accused Nos.1 to 3 had filed a similar application before this Court being Criminal Misc. Application No.6411 of 2012, which has been allowed by this Court (Coram: Rajesh H. Shukla, J) vide order dated 06.11.2012.
In view of the aforesaid development during pendency of this application, the learned counsel appearing for the respective parties do not invite any reason. It is jointly submitted by the learned counsel for the respective parties that any further continuation of the proceedings pursuant to the impugned complaint shall amount to harassment to the parties and in view of the settlement arrived at between the parties, the trial would be futile and the same would also amount to abuse of process of law and court and, therefore, this Court may exercise its inherent jurisdiction under Section 482 of the Code.
Mr.Ashish M. Dagli, learned advocate for respondent No.2-original complainant, also tenders an affidavit dated 07.03.2013, which is taken on record.
Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1-State, has candidly submitted that as the parties have amicably resolved the dispute and in fact this Court has quashed the impugned complaint qua original accused Nos.1 and 3, as stated above, this court may pass appropriate order.
It may be noted that respondent No.2-original complainant was present before this Court on earlier occasion i.e. on 25.02.2013, however, as Mr.Ashish M. Dagli, learned advocate for respondent No.2-original complainant was sick, the following order was passed on that date and the matter was listed today:
Mr.Ashish M. Dagli, learned advocate appearing for respondent No.2, has filed sick-note.
Mr.Ghanshyam S.
Sharma, respondent No.2, who is represented by Mr.Ashish M. Dagli is present in the Court. Mr.Chirag Parekh, learned advocate, for Mr.Ashish M. Dagli, identifies respondent No.2 Mr.Ghanshyam Sharma.
Mr.Ghanshyam Sharma submits before this Court that the parties have amicably resolved the dispute. However, in view of the sick-note, S.O. to 01.03.2013.
Respondent No.2 shall file an affidavit and place it on record on or before the next date.
Considering the aforesaid facts and in view of the affidavit filed by respondent No.2 dated 07.03.2013 and in view of the judgments rendered in the cases Gian Singh Vs. State of Punjab & Anr., (2012) 10 S.C.C. 303 and Jayrajsinh Digvijaysinh Rana Vs. State of Gujarat, 2013(1) G.L.R. 65, as well as considering the aforesaid order dated 06.11.2012 passed by this Court in Criminal Misc. Application No.6411 of 2012, whereby the impugned complaint is quashed qua the original accused Nos.1 and 3, it appears that further continuation of criminal proceedings in relation to the impugned complaint against the applicant-original accused would be unnecessary harassment to the applicant and the trial would be futile and would also amount to abuse of process of law and court and hence, to secure the ends of justice, the impugned F.I.R. is required to be quashed in exercise of power under Section 482 of the Code.
In view of the facts and circumstances of the case, the application deserves to be allowed and the same is accordingly allowed. Criminal Case No.812 of 2012 pending before the court of Judicial Magistrate, First Class, Waghodia as well as order dated 13.04.2012 passed thereon are hereby quashed.
Rule is made absolute to the aforesaid extent. Direct service permitted.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Page 5 of 5