Rule.
Mr.K.P.Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1-State of Gujarat and Mr.Divyang Joshi, learned Advocate waives service of notice of Rule on behalf of respondent No.2-original complainant.
Having regard to the facts of the case, with the consent of the learned Advocates for the parties, the application is taken up for hearing today.
The facts of the case stated briefly that the respondent No.2 herein had lodged a complaint against the petitioner and others alleging commission of offences punishable under sections 406, 420 and 114 of the Indian Penal Code, 1860, ('IPC'), which came to be registered as a First Information Report vide Sector-7 Gandhinagar Police Station I-C.R.No.130 of 2007. After completion of investigation charge sheet came to be submitted which has culminated into Criminal Case No.7528 of 2007 and is pending in the Court of the learned Judicial Magistrate First Class, 5th Court, Gandhinagar. It appears that subsequently the complainant and the petitioner have settled the matter between them, hence, the complainant is no longer interested in prosecuting the case qua the present petitioner.
It is, in these circumstances, that the petitioner has moved the present application for quashing the First Information Report in question and all proceedings emanating therefrom.
Mr.J.B.Pardiwala, learned Advocate for the petitioner has drawn the attention of the Court to the affidavit made by the respondent No.2-original complainant wherein it is categorically stated that the complainant has realized that the petitioner has nothing to do so far as the fraud played upon by the original accused No.1 Ravindrasing R.Rao is concerned. It is further averred in the affidavit that subsequently the Sales Manager of Cargo Motors saw to it that the car is registered with the RTO and that the complainant has been handed over all necessary legal documents in this regard and the amount of Rs.19,000/- has also been waived by Cargo Motors. It is categorically stated that the present petitioner does not have an iota of role to play so far as the offence in question is concerned. It is requested that the entire prosecution so far as the petitioner is concerned be quashed, as continuation of the proceedings against the petitioner will be nothing but mental pain and agony for an innocent man and continuation of prosecution will also spoil his future service prospects. The learned Advocate for the petitioner has, submitted that the affidavit made by the original complainant makes it amply clear that the petitioner herein is an innocent person and is in no manner involved in the offence in question. It is accordingly urged that the First Information Report in question be quashed in the interest of justice.
Mr.
Divyang Joshi, learned Advocate for respondent No.2 has reiterated the submissions advanced by the learned Advocate for the petitioner. It is submitted that looking to the averments made in the affidavit filed by the respondent No.2-original complainant, the respondent No.2 has no grievance against the present petitioner and in fact is convinced that the petitioner is an innocent person and has no role to play in the offence in question.
Both the learned Advocates have jointly submitted that the complaint in question is required to be quashed in the interest of justice.
Considering the submissions advanced by the learned Advocates for the parties and more particularly considering the averments made in the affidavit made by the respondent No.2 - original complainant, it is apparent that insofar as petitioner is concerned, no offence as alleged, can be stated to have been made out against him. Besides, in view of the stand taken by the respondent No.2 complainant, there are no chances of an ultimate conviction. In the circumstances, the interest of justice would best be served if the complaint in question is quashed.
For the foregoing reasons, the application succeeds, and is, accordingly, allowed. The First Information Report registered vide Sector 7 Police Station, Gandhinagar I-C.R.No.130 of 2007 as well as Criminal Case No.7528 of 2007, pending in the Court of the learned Judicial Magistrate First Class, 5th Court, Gandhinagar, are hereby quashed. Rule is made absolute.
(HARSHA DEVANI, J.) Amit/-