TAJUDDIN NIZAMUDDIN KAZI....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance:
MR MC BAROT, ADVOCATE for the Applicant(s) No. 1 MR TEJAS M BAROT, ADVOCATE for the Applicant(s) No. 1 MR NJ SHAH, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 08/04/2015 ORAL ORDER
1. Rule returnable forthwith. Mr N.J Shah, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Hardik Brahmbhatt, the learned advocate has entered appearance on behalf of the respondent No.2 original first informant and waives service of notice of rule.
2. By this application, the applicantoriginal accused seeks to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR being C.R.No.I42 of 2015 registered with the Thasra Police Station, DistrictKheda for the offence punishable under Sections363, 366 and 376(2)(n) of the I.P.C. and Sections3(a), 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012.
3. The quashment of the FIR is prayed for with the consent of the first informant and the victim on the ground that an amicable settlement has taken place between the parties. It appears from the materials on record that the first informant is the maternal uncle of the victim viz. Bhumika. It also appears that the accused came in contact with Bhumika and both had an affair. It also appears that Bhumika left her parental home on her own free will and volition. Later on, with the intervention of the family members of both the sides and the community leaders, an amicable settlement was arrived at. Bhumika as on today, is residing with her parents. She is personally present alongwith her maternal uncle i.e. first informant and her father viz. Jaishanker Suthar in the Court.
4. I requested Ms. Chandarana, the learned APP to personally speak to Bhumika as well as her father and maternal uncle. They confirmed that in view of the settlement arrived at, they would no longer be interested in pursuing the F.I.R. They submitted that the settlement has taken place considering the interest of both the sides i.e. accused as well as the girl. The first informant i.e. maternal uncle of Bhumika has filed an affidavit, Annexure'B' to this petition interalia stating as under: "I, Shaileshkumar Bhogilal Suthar, aged 38, Occu.: Service, residing at: House No.D/21, Ambica Society, Thermal Cross roads, Taluka: Galteshwar, Dist.: Kheda, respondent no.2 herein the complainant of I.CR. No.42/2015 registered with Thasra Police Station, do hereby on solemn affirmation state as under:
2. I sate that I have been read over and explained the contents of the captioned petition and am therefore conversant of FIR being I.CR.No.42/2015 registered with Thasra Police Station for the offences punishable u/s.363, 366, 376(2)(n) of IPC r/w.3(a), 4, 5(l) and (6) of Protection of Children from Sexual Offences Act, 2012 against the accused i.e. present petitioner.
3. It is stated after filing of the said complaint, other family members of both sides as well as community persons intervened and due to such intervention, the present petitioner and complainant Page 2 of 4 R/CR.MA/6576/2015 ORDER side have arrived at an amicable settlement and the disputes, differences and issues between both the parties are now resolved. In that view of the matter, on account of the settlement arrived at between the petitioner and the complainantside, with the intervention of the abovereferred persons, there remains no grievance or differences between the complainantside and the present petitioner and the same have now been resolved. It is stated that due to misunderstanding on my part as regards my niece Bhumika, the FIR in question came to be filed by me against the accusedpresent petitioner. It is stated that the parties have settled the disputes/ differences between them considering the well being and reputation of both the parties. That both the sides have decided to live with peace, harmony and love and the dispute between them has been amicably settled.
4. In view of the settlement, I, the complainant of FIR being I.CR.No.42/2015 registered with Thasra Police Station, hereby state that I do not intend to prosecute the present petitioner in connection with the above FIR, in view of settlement having been arrived at between both the parties. In view of the above, the Hon'ble Court is humbly requested to pass appropriate order in the matter."
5. Taking into consideration the age of the accused i.e. 19 years as well as the age of the victim i.e. 17 years and having regard to the nature of the relations, they had in the past and also the fact that they have amicably settled the matter, I am of the view that no useful purpose would now be served to allow the police to continue with the investigation. I am conscious of the fact that Bhumika at the time, when the offence is alleged to have been committed was a minor and is a minor even as on today. However, the decision to settle the matter has been taken keeping in mind the interest of both the sides i.e. the accused as well the victim.
6. In the result, this application is allowed. The FIR being C.R.No.I 42 of 2015 registered with the Thasra Police Station, DistrictKheda is ordered to be quashed. Consequently, all further proceedings pursuant thereto shall stand terminated.
I am told that the applicantaccused, as on today, is in judicial Page 3 of 4 R/CR.MA/6576/2015 ORDER custody. Since the F.I.R. itself is ordered to be quashed, he be set at liberty forthwith, if not require in any other case.
The Registry shall accept the vakalatnama of Mr. Hardik Brahmbhatt, the learned advocate who has entered appearance on behalf of the respondent no.2.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 4 of 4