Iliyasshah Ahemadshah Sai vs State Of Gujarat

Learned advocate Mr. P.P. Suthar alongwith Mr. M.J. Sandhi are permitted to appear for the original complainant. They have identified the original complainant who is personally present in the video conference.

1. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

2. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No.1 and learned advocate Mr. P.P. Suthar waives service of notice of Rule on behalf of the respondent No.2.

3. By way of the present application under Section 482 of the Code of Criminal Procedure, the applicants have prayed to quash and set aside the FIR being ​C.R.No. 11195018200461 of 2020 lodged with Dhanera Police Station, District Banaskantha ​for the offences punishable under Sections 395, 294(b), 506(2) and 507 of the Page ​1​ of ​3 Downloaded on : Fri Jul 24 00:16:47 IST 2020 R/CR.MA/8257/2020 ORDER Indian Penal Code, 1860 and Sections 5(1) and 40 of the Gujarat Money Lenders' Act along with all the subsequent proceedings that arose from the said FIR, .

4. Learned advocate appearing for the applicants has placed reliance on the decision of the Honble Apex Court in case of ​Gian Singh versus State of Punjab & Anr. ​reported in ​2012(10)SCC 303 as well as in the case of ​Jitendra Raghuvanshi & Ors. V/s. Babita Raghuvanshi & Anr. ​reported in ​[2013(3)] 54 (3) G.L.R 1875 ​and submitted that since the matter is settled and all the grievances raised in the FIR do not exist, there is no need to proceed further with the trial with regard to the FIR.

5. Learned advocate appearing on behalf of respondent No.2

- original complainant states that he has identified the complainant, who is personally present before the Court through video conference and has filed Affidavit stating that the matter is amicably settled between the parties and he has no objection if the impugned FIR and all the proceedings that arose from the said FIR, may be quashed and set aside.

6. Learned Additional Public Prosecutor appearing for respondent- State would submit that though the compromise has been arrived at between the parties, the impugned FIR may not be quashed and this application may be dismissed.

7. I have heard learned advocates appearing on behalf of the respective parties. I have perused the Affidavit filed by the complainant, in which, it is specifically stated that the matter is settled between the parties and the complainant has no objection, if the impugned FIR is quashed.

8. Considering the overall facts and circumstances of the case, the present application is allowed. The FIR being ​C.R.No. 11195018200461 of 2020 lodged with Dhanera Police Station, District Banaskantha ​is hereby quashed and set aside alongwith all other consequential proceedings that have arisen from the impugned FIR.

9. In view of the fact that the impugned FIR alongwith all its incidental proceedings is quashed and set aside by the present order, the applicants herein, who are behind the bars in connection with the FIR impugned herein, shall be immediately set at liberty if not required in any other offence. Registry to communicate the present the order to the concerned police station through email / fax forthwith.

(A.J.DESAI, J) F.S. KAZI Page ​3​ of ​3 Downloaded on : Fri Jul 24 00:16:47 IST 2020