2022 Supreme(Guj) 1527
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VAIBHAVI D. NANAVATI, J.
Shravankumar Ramdas Bansal & 1 Others – Applicants
Versus
State Of Gujarat & 1 Others – Respondents
R/Criminal MISC. Application No. 15980 of 2020
Decided On : 30-11-2022
For the Applicants : Mr. Suraj A. Shukla, Jeet Y. Rajyaguru.
For the Respondents: Ms. Vrunda C. Shah.
Headnote:
Indian Penal Code, 1860 – Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114, 201 – Criminal Procedure Code, 1973 – Section 482 – Information Technology Act, 2000 – Section 66(d) – Quashing of First Information Report – By way of present application, applicants herein have prayed for quashing of FIR being IC. R. registered with Athwalines Police Station, Surat for offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 and 201 of Indian Penal Code, 1860 and under Section 66(d) of Information Technology Act along with all further consequential proceedings – Held, Considering submissions canvassed by learned advocates appearing for both sides that parties have arrived at an amicable settlement, affidavit of respondent No.2 - Original complainant and affidavit of victim that he has no objection if impugned complaint is quashed and set aside as parties have arrived at an amicable settlement, in view of above FIR being I-C.R. registered with Athwalines Police Station, Surat for offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 and 201 of Indian Penal Code, 1860 and under Section 66(d) of Information Technology Act against present applicants is hereby quashed and set aside and any further proceedings consequent to aforesaid FIR qua present applicants shall stands terminated – Aforesaid order is passed with consent of learned advocates appearing for respective sides and facts and circumstances of present case – Application allowed.
ORDER :
1. By way of present application, the applicants herein have prayed for quashing of FIR being IC. R. No.11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 and 201 of Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act along with all the further consequential proceedings.
2. Pending the present application, Mr. Suraj A. Shukla, learned advocate appearing for the applicants and Mr. Jeet Y. Rajyaguru, learned advocate appearing for the respondent No.2 - Original Complainant jointly submitted that the parties have arrived at an amicable settlement.
3. An affidavit filed by the respondent No.2 - original complainant on 12.10.2020 is duly produced on record at Annexure-B, page No.29 and the said affidavit reads thus :-
"I, Sandeep himmatlal Udani, Aged; 30 Years, Residing at ; C/22, Nandanvan Township, Opp. Ramayan Park Appartment, Navagam Dindoli Road, Udhana, Surat, Gujarat one of the witness/victim in the captioned matter, do hereby solemnly affirm and state on oath as under;
1. I say and submit that I am one of the victim/witness in the FIR bearing I-Cr. No. 11210005201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120(b), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act which is the subject matter of the captioned application.
2. I state on oath and submit that the entire dispute between me and the Petitioner herein is amicably settled and now no dispute or misunderstanding survives between us.
3. I further state and submit that all the dispute between us is or now clarified and therefore I give my consent and have no objection if the impugned FIR’ bearing I-Cr. No. 11211000S201287 of 2020 dated 07.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act is quashed and set aside by this Hon’ble Court along with all the consequential proceedings as prayed for by the Petitioner.
4. I further state on oath and submit that now, after regaining peace of mind, this affidavit is affirmed in the larger interest of the parties, coupled with the fact that due to the intervention/indulgence of some common friend(s)/persons, the dispute is now amicably resolved and as such the matter is now amicably settled between the undersigned and the present petitioner, and now as such there is no heart burning or any dispute whatsoever in the said regard.
5. In view of the above mentioned facts and circumstances of the case, I have no objection if this Hon’ble Court may be kind enough to quash and set aside the complaint/FIR filed by the undersigned bearing I-Cr. No. 11210005201287 of 2020 dated O7.08.2020 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465, 467, 468, 471, 120@), 114 & 201 of The Indian Penal Code, 1860 and under Section 66(d) of the Information Technology Act along with all the consequential proceedings.
6. Lastly, I state and submit that now as such the difference between the deponent and the present Petitioner is resolved and the undersigned does not wish to proceed against the present Petitioners in the present case, therefore no purpose would be served by conducting the trial before the Concerned Trial Court and it would unnecessarily waste precious time of the Hon’ble Court.
7. Therefore, in view of the facts and circumstances as stated above, I most humbly urge the Hon’ble Court to kindly quash and set aside the FIR bearing I-Cr. No. 11210005201 287 of 2020 dated O7.08.20Z20 registered with Athwalines Police Station, Surat for the offences punishable under Section 406, 419, 420, 465