Salim Ahmed Usmangani Vohra (Batakawala) vs State Of Gujarat

Dr. Ashokkumar C. Joshi, J

The Applicants have filed this Application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR being I-CR No. 11191028201058 of 2020 registered with Vejalpur Police Station, Ahmedabad City for the offences punishable under Section 294(b), 506(1) and 114 of the Indian Penal Code.

Heard learned Advocate Mr. Fouzan Soniwala for the Applicants, learned APP Ms. Moxa Thakkar for the Respondent - State of Gujarat and learned advocate Mr. G.A. Kadari for the Respondent No. 2 - original complainant through video conference. Registry to accept the Vakalatnama of learned advocate Mr. G. A. Kadari for the complainant.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State of Gujarat and learned Advocate Mr. G. A. Kadari waives service of Rule on behalf of the Respondent No.2 - Original Complainant.

Learned Advocate for the Applicants has submitted to the Court that the amicable settlement is arrived at between the Complainant and the Applicants Accused and the Affidavit to that effect is also placed on record at Annexure-B. He further submitted that the Applicants Accused have no any antecedents and therefore the discretion may be exercised by this Hon'ble Court and the Application may be allowed and FIR may be quashed.

Learned advocate Mr. G. A. Kadari appearing for the Respondent No. 2- has produced on record the affidavit dated 29.07.2020 sworn by the Respondent No. 2- original complainant. The Affidavit reads thus:

"I the undersigned, ABDULSAMAD HAJIABDHULHAMID SHAIKH Age: 46 Years (male), Occupation: Business, R/O Royal nawab Bungalows, Behind Moti Bakery, Juhapura, Ahmedabad original complainant of the being I Crime Register No.11191028201058 of 2020 for the offences punishable under section 294(b), 506(1) and 114 of IPC registered with Vejalpur Police Station, District: Ahmedabad on dated 06/06/2020 do hereby declare on solemn affirmation and state on oath as under:

I state on oath that the complaint / F.I.R. in which the above mentioned petitioner has approached this Hounourable Court for quashing the same is filed by me and I am the original complainant of the said complaint in question.

I further state on oath that I and petitioner No.1 and 2 are my neighbor and there were conflicts between us on 05/06/2020 with concern to that applicant No.2 was playing football with his friends and I requested them to not make noise and return of them applicant no.1 and applicant no.2 talked with me in foul language and threatened me.

That now as such the differences are sorted out and even no purpose would be served if the complaint would be further investigated, followed by initiation of trial that would ultimately and finally turn to be a futile exercise and hence from this angle also, the present petitioner's application / petition for quashing the impugned F.I.R.

In view of the above mentioned hard facts and circumstances of the case, the deponent have no objection if this Honourable Court may be kind enough to quash and set aside the impugned complaint / F.I.R. lodged by the undersigned being I C.R. No.11191028201058 of 2020 for the offences punishable under section 294(b), 506(1) and 114 of IPC registered with Vejalpur Police Station, District: Ahmedabad on dated 06/06/2020 and proceedings thereof.

Lastly, I state and submit that this affidavit is filed by me with sound mind, free consent and without any sort of pressure whatsoever.

The statements made hereinabove are true and correct to the best of my knowledge and belief and I believe the same to be true."

Learned Advocate for the Applicant and learned Advocate for the Original Complainant have submitted that the parties have entered into an amicable settlement by way of affidavit which is produced on record. They therefore submitted that the Application may be allowed and the FIR may be quashed.

This Court has considered the arguments advanced by the learned Advocates appearing for the respective parties.

Having heard the arguments advanced by the learned Advocates appearing for the respective parties, it transpires that the offence is registered upon the Applicants Accused for the offences punishable under Sections 506(1), 294(B) and 114 of the Indian Penal Code The punishment for the offence under Section 506(1) is up to two years and under Section 294(B) the punishment is upto three months, but the offences are not so grave which invite the latest law of the land that whenever there is serious offence in that case the High Court may not exercise discretion under Section 482 of Cr.P.C. but in the present case, the offences are minor offences. Further, there is amicable settlement arrived at between the complainant and the accused person by way of an affidavit, therefore, it would be futile exercise if the trial shall take place and the purpose of the same would not be served and therefore in humble view of this Court, it would be just and proper to quash the aforesaid FIR.

In view of the aforesaid facts and circumstances and the further development that took place in the matter as come forward by way of an Affidavit by the Respondent No.2 - Original Complainant, learned Advocates appearing for the parties have submitted that now the cause does not survive and therefore the FIR may be quashed and set aside.

This Court has referred to the land mark decision of Hon'ble Supreme Court in case of Parbatbhai Aahir vs. State of Gujarat reported in 2017 SCC online SC 1189 and in case of State of Madhyapradesh vs. Laxmi Narayan and Others reported in (2019) 5 SCC 688. Normally, this Court would not entertain the quashing petition in serious offences like offences under Sections 376 and 302 of the IPC. But, in the present case offfences which are registered upon the applicants are very minor which is discussed earlier. Therefore, with respect, latest law is not applicable to the present case.

In view of the aforesaid discussion and the submission made by the learned Advocates appearing for the parties, this Court is inclined to exercise discretion in favour of the applicants vested under Section 482 of the Cr.PC. Therefore, the present petition deserves to be allowed and accordingly stands allowed. FIR being I-CR No. 11191028201058 of 2020 registered with Vejalpur Police Station, Ahmedabad City for the offences punishable under Section 294(b), 506(1) and 114 of the Indian Penal Code, is hereby quashed and set aside.

Rule is made absolute accordingly with no order as to costs.

Copy of this order be sent to the concerned Court and concerned Police Station through e-mail / fax.