JAIMINIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Applicant has filed this Application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR being II-CR No. 3029/2019 registered with Sola High Court Police Station, Ahmedabad City for the offences punishable under Sections 323, 294(b) of the Indian Penal Code with all further and consequential proceedings including charge-sheet no.62/2019 and Criminal Case No.10938/2019 pending in the Court of 8-6 th Judicial Magistrate, Ahmedabad (Rural) at Mirzapur.

(2.) Heard learned Advocate Mr. N.D. Gohil for the applicant, learned APP Mr. H. K. Patel for the Respondent - State of Gujarat through video conference. Learned advocate Mr. Vikram Thakore is permitted to appear on behalf of the Respondent No. 2 - original complainant since his Vakalatnama is on record.

(3.) Learned Advocate for the applicant has submitted to the Court that the amicable settlement is arrived at between the Complainant and the applicant Accused and the Affidavit to that effect is also placed on record at annexure- D. He further submitted that the applicant Accused has no any antecedents and therefore, the discretion may be exercised by this Hon'ble Court and the Application may be allowed and FIR and the consequential proceedings arising therefrom may be quashed. 3.A. Learned advocate Mr. Vikram Thakor for the applicant has placed reliance upon four different authorities of Hon'ble Supreme Court and this Court, viz. (i) The Hon'ble Supreme Court in case of Narender Singh and Others v. State of Punjab and Another reported in (2014) 6 SCC 466, (ii) Iqbal Dawood Hala v. State of Gujarat, reported in 2013 (0) AIJEL-HC 229756, (iii) a judgment in case of Janki Chintan Shah v. State of Gujarat, reported in 2014 (0) AIJEL-HC 231973 and (iv) Arun Singh And Others v. State of Uttar Pradesh Through Its Secretary And Another, reported in (2020) 3 Supreme Court Cases 736.