Gujarat High Court
Dineshgiri Gurushivgiri Mahant vs State Of Gujarat on 24 December, 2024
NEUTRAL CITATION
R/CR.MA/1104/2019 ORDER DATED: 24/12/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 1104 of 2019
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DINESHGIRI GURUSHIVGIRI MAHANT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS JAYSHREE ACHARYA(5160) for the Applicant(s) No. 1
MS. BHAVNA D ACHARYA(6406) for the Applicant(s) No. 1
MS RHEA CHOKSHI FOR MR TEJAS M BAROT(2964) for the
Respondent(s) No. 2
MR PRANAV DHAGAT, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 24/12/2024
ORAL ORDER
1. Heard the learned advocates appearing for the
respective parties.
2. Considering the issue involved in the present
application and with consent of the learned advocates
appearing for the respective parties as well as considering
the fact that the dispute amongst the applicant and
respondent No.2 has been resolved amicably, this
application is taken up for final disposal forthwith.
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NEUTRAL CITATION
R/CR.MA/1104/2019 ORDER DATED: 24/12/2024
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3. By way of this application under Section 482 of the
Code of Criminal Procedure, 1973 (hereinafter referred to
as “the Code”), the applicant has prayed for quashing and
setting aside FIR bearing CR No.II-42 of 2018 registered
with Chanod Police Station, Ahmedabad for the commission
of offence punishable under Sections 323, 506(2), 143, 147
and 114 of IPC and section 3(2)(5A) of Scheduled Caste and
Scheduled Tribe (Prevention of Atrocity) At, 1989 as well as
all other consequential proceedings arising out of the
aforesaid FIR qua the applicant.
4. Learned advocate for the applicant 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 issue and therefore, any further
continuance of the proceedings pursuant to the impugned
FIR as well as any further proceedings arising therefrom
would create hardship to the applicant. It is submitted that
respondent No.2 has filed an affidavit in these proceedings
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NEUTRAL CITATION
R/CR.MA/1104/2019 ORDER DATED: 24/12/2024
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and has declared that the dispute between the applicant
and respondent No.2 is resolved due to intervention of
trusted persons of the society. It is further submitted that in
view of the fact that the dispute is resolved, the trial would
be futile and any further continuance of the proceedings
would amount to abuse of process of law. It is therefore
submitted that this Court may exercise its inherent powers
conferred under Section 482 of the Code and allow the
application as prayed for.
5. Learned Additional Public Prosecutor appearing for
the State has opposed the present application and
submitted that considering the seriousness of the offence,
the complaint in question may not be quashed and the
present application may be rejected.
6. Learned advocate for respondent No.2 has reiterated
the contentions raised by the learned advocate for the
applicant. The learned advocate for respondent No.2 also
relied upon the affidavit filed by respondent No.2 –
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NEUTRAL CITATION
R/CR.MA/1104/2019 ORDER DATED: 24/12/2024
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Bharatbhai Kantibhai Rathod (Chamar) dated 24.12.2024.
The complainant states that the matter is settled between
the parties and also admits the contents of the Affidavit.
Respondent No.2 is present in person before the Court and
is identified by learned advocate for respondent No.2. On
inquiry made by the Court, respondent No.2 has declared
before this Court that the dispute between the applicant
and respondent No.2 is resolved due to intervention of
trusted persons of the society and therefore, now the
grievance stands redressed. It is therefore submitted that
the present application may be allowed.
7. Having heard the learned advocates appearing for the
respective parties, considering the facts and circumstances
arising out of the present application as well as taking into
consideration the decisions rendered in the 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, Nikhil Merchant Vs.
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NEUTRAL CITATION
R/CR.MA/1104/2019 ORDER DATED: 24/12/2024
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Central Bureau of Investigation & Anr., reported in
2009 (1) GLH 31, 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), it appears that further continuation of
criminal proceedings in relation to the impugned FIR
against the applicant would be unnecessary harassment to
the applicant. It appears that the trial would be futile and
further continuance of the proceedings pursuant to the
impugned FIR would amount to abuse of process of law and
hence, to secure the ends of justice, the impugned FIR is
required to be quashed and set aside in exercise of powers
conferred under Section 482 of the Code.
8. Resultantly, this application is allowed and the
impugned FIR bearing CR No.II-42 of 2018 registered with
Chanod Police Station, Ahmedabad for the commission of
offence punishable under Sections 323, 506(2), 143, 147
and 114 of IPC and section 3(2)(5A) of Scheduled Caste and
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NEUTRAL CITATION
R/CR.MA/1104/2019 ORDER DATED: 24/12/2024
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Scheduled Tribe (Prevention of Atrocity) At, 1989 filed
against the applicant, is hereby quashed and set aside qua
the applicant. Consequently, all other proceedings arising
out of the aforesaid FIR are also quashed and set aside qua
the applicant. Accordingly, Rule is made absolute.
Direct service is permitted.
(D. M. DESAI,J)
Bharat
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