Gujarat High Court
Jinesh @ Jino S/O Rajeshbhai Bachubhai … vs State Of Gujarat on 27 March, 2025
NEUTRAL CITATION
R/CR.MA/18680/2024 ORDER DATED: 27/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18680 of 2024
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JINESH @ JINO S/O RAJESHBHAI BACHUBHAI PATEL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YASH K KOSHTI(12865) for the Applicant(s) No. 1,2,3,4
MR. YUVRAJ BRAHMBHATT, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 27/03/2025
ORAL ORDER
1. Rule returnable forthwith. Mr. Brahmbhatt, the learned
Additional Public Prosecutor, waives service of notice of rule for
and on behalf of the respondent No.1-State of Gujarat. Mr.
Yash B. Patel, the learned advocate, has entered appearance
on behalf of the respondent No.2-original complainant and
waives service of notice of rule.
2. By this application under section 482 of the Code of
Criminal Procedure, 1973, the petitioners seek to invoke the
inherent powers of this court, praying for quashing of the first
information report being C.R. No.11191067240033 of 2024
lodged before the Cyber Crime Police Station, Ahmedabad City
of the offence punishable under sections 66C and 66D of the
Information Technology Act on the ground that there has been
an amicable settlement between the parties and the
respondent No.2-original complainant is no longer desirous of
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NEUTRAL CITATION
R/CR.MA/18680/2024 ORDER DATED: 27/03/2025
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prosecuting the first information report further. The respondent
No.2-Kasam Ali s/o. Valibhai Kharodiya is personally present
and he confirms about the settlement arrived at with the
accused persons. The respondent No.2-Kasam Ali s/o Valibhai
Kharodiya is identified by his learned advocate Mr. Yash B.
Patel. Mr. Kasam Ali s/o Valibhai Kharodiya has also filed an
affidavit, inter alia, stating as under:
“I, KASAM ALI s/o VALIBHAI KHARODIYA, Age-52,
Religion Muslim, Occupation- Buisness Resident of 10,
evening point restaurant naranpura. shastrinagar
Ahmedabad, file the following affidavit and state and
affirm affirmation on oath as under: on solemn
1. I state and submit that I am the original complainant in
the present petition in the impugned F.I.R. being C.R No.
11191067240033/2024 filed at Cyber crime Police
Station, Ahmedabad for alleging offences punishable
under Sections 384,406,420,507,120B of the Code and IT
act 66(c),66(d) that I am well conversant with the facts of
the case and I have gone through the entire contents of
the present petition, I am competent to file the present
affidavit.
2. It is most humbly submitted that complaint given by
the respondent no 2 to cyber police station is as under,
during the period of 12/01/2024 to 17/01/2024 one
person named rohan agrawal of mno 9737674197 of star
line enterprise has given the inducement of giving the
task in the typing work and gave surety of monthly
income of 22,000 approximately to the applicant and
later on doesn’t fulfilled the claims and by this way
duped and cheated the son of the complainant and
duped the son kamyab alı of complainant/deponent
hence the respondent no.2 filed a complaint before Cyber
crime Police station against unknown persons after that
the cyber police arrested the above said applicants on
the basis of investigation which are enlarged by the
regular bail by the learned trial judge.
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NEUTRAL CITATION
R/CR.MA/18680/2024 ORDER DATED: 27/03/2025
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3. That pursuant to the above stated incident,one FLR
came to be registered, being C. R. No. 11191067240033
of 2024 filed at cyber crime Police Station for the offence
under Sections 384,406,420,507,120B of the Indian Penal
Code and IT act of 66(c),66(d) against the present
petitioner.
4. It is further submitted that in the present case an
amicable settlement has been arrived between the
present petitioner and the deponent herein and
complainant has got the duped amount of money from
the court order and therefore, a full and final amicable
settlement has been arrived at between the original
complainant and the present petitioner the original
accused no. 1 to 4 therefore no dispute prevails,
therefore the deponent has no objection if the F.I.R. may
be quashed and set aside.
5. That the contents of the petition have been read over
and explained to me in detail and I say that the contents
of the petition are absolutely true and I support the
same.
6. The deponent herein, therefore, prays that if the
impugned FIR C.R. C. R. No. 11191067240033 of 2024
filed at cyber crime Police Station, ahmedabad for the
offence under Sections 384,406,420,507,120B of the
Indian Penal Code and sections 66(c),66(d) of information
technology act against the present petitioner original
accused no. 1 to 4 may be quashed and set aside, then I
have no objection
7. That the deponent herein gives a free consent to
quash the aforesaid FIR and have no objection if the
prayer made in the present application may be granted
by this Hon’ble CourtSolemnly affirmed on this 7th day of September, 2024 at
Ahmedabad.”
3. Taking into consideration the nature of the dispute and
the fact that the parties have now amicably decided to live
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NEUTRAL CITATION
R/CR.MA/18680/2024 ORDER DATED: 27/03/2025
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peacefully, no useful purpose would be served to allow the
police to continue with the investigation of the said first
information report.
4. In the result, this application is allowed. The first
information report being C.R. No.11191067240033 of 2024
lodged before the Cyber Crime Police Station, Ahmedabad City
is hereby ordered to be quashed. All consequential
proceedings arising from the same also stands terminated.
Rule is made absolute. The Registry shall accept the
Vakalatnama of Mr. Yash B. Patel, the learned advocate
appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
VAHID
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