Alpeshbhai Ranchhodbhai Patel & vs State Of Gujarat &

ALPESHBHAI RANCHHODBHAI PATEL & 1....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ========================================================== Appearance:

MR HARDIK A DAVE, ADVOCATE for the Applicant(s) No. 1 ­ 2 PUBLIC PROSECUTOR for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 ========================================================== CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA Date : 04/05/2016 ORAL ORDER

1. Heard Mr. Hardik Dave, learned advocate for the applicants, Mr. K.P.Rawal, learned Additional Public Prosecutor for the respondent - State and Mr.Pawan A.Barot, learned advocate for respondent No.2.

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 applicants and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith.

3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 Page 1 of 5 HC-NIC Page 1 of 5 Created On Fri May 06 02:39:23 IST 2016 R/CR.MA/5269/2012 ORDER (hereinafter referred to as the Code), the applicants have prayed for quashing and setting aside the complaint being Criminal Case No.149/12 filed before the learned Chief Metropolitan Magistrate Court, Ahmedabad, for the commission of offence punishable under Sections 467, 468, 471, 420, 383, 365, 367, 506(1), 120­B of the IPC as well as all other consequential proceedings arising therefrom.

4. The learned advocate for the applicants 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 complaint as well as any further proceedings arising therefrom would create hardship to the applicants. It is submitted that respondent No.2 Hansaben Purshottamdas Patel, through her Power of Attorney holder Rasikbhai Purshottamdas Patel, has filed an affidavit in these proceedings and has declared that the dispute between the applicants 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 Page 2 of 5 HC-NIC Page 2 of 5 Created On Fri May 06 02:39:23 IST 2016 R/CR.MA/5269/2012 ORDER 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.

6. The learned Additional Public Prosecutor has candidly submitted that in view of the fact that the applicants and respondent No.2 have amicably resolved the dispute, this Court may pass appropriate orders.

7. The learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the applicants. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent no.2 Hansaben Purshottamdas Patel, through her Power of Attorney holder-Rasikbhai Purshottamdas Patel, which is taken on record. Rasikbhai Purshottamdas Patel, Power of Attorney holder of Respondent No.2 is present in person before the Court and is identified by learned advocate for respondent No.2. The learned advocate for respondent No.2 has tendered a photocopy of the Election Card issued by the Election Commission of India, identifying Rasikbhai Purshottamdas Patel, Power of Attorney holder of Respondent No.2, which is taken on record. A true copy of the Page 3 of 5 HC-NIC Page 3 of 5 Created On Fri May 06 02:39:23 IST 2016 R/CR.MA/5269/2012 ORDER Power of Attorney is also taken on record. On inquiry made by the Court, Rasikbhai Purshottamdas Patel, Power of Attorney holder of Respondent No.2 has declared before this Court that the dispute between the applicants 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.

8. 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. 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 complaint against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the Page 4 of 5 HC-NIC Page 4 of 5 Created On Fri May 06 02:39:23 IST 2016 R/CR.MA/5269/2012 ORDER proceedings pursuant to the impugned complaint would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned complaint is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

9. Resultantly, this application is allowed and the impugned complaint being Criminal Case No.149/12 filed before the learned Chief Metropolitan Magistrate Court, Ahmedabad, against the present applicants is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid complaint are also quashed and set aside. Accordingly, Rule is made absolute. Direct service is permitted.

(R.M.CHHAYA, J.) bjoy Page 5 of 5 HC-NIC Page 5 of 5 Created On Fri May 06 02:39:23 IST 2016