LAWS(GJH)-2011-8-127

GHANSHYAM BHAILALBHAI SOLANKI Vs. STATE OF GUJARAT

Decided On August 30, 2011
GHANSHYAM BHAILALBHAI SOLANKI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Shri K.P. Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 ? State and Shri Hardik Jani, learned advocate appearing on behalf of respondent No.2 ? original complainant waives service of notice of Rule on behalf of respondent No.2 in each of the petitions. In the facts and circumstances of the case and with the consent of learned advocates appearing for respective parties, both the petitions are taken up for final hearing today.

(2.) SPECIAL Criminal Application No.865/2011 has been preferred by the petitioner ? original accused No.1 viz. Ghanshyambhai Bhailalbhai Solanki to quash and set aside the impugned complaint/FIR being C.R. No.I-9/2010 registered with Antarsuba Police Station, District Kheda as well as all further consequential proceedings thereto pursuant to the aforesaid criminal complaint.

(3.) SHRI Hardik Jani, learned advocate appearing on behalf of the original complainant has submitted that original complainant is a very poor person and he has deposited his hard earned money in the bank account of his daughter Ankita, which has been withdrawn by original accused No.1. It is submitted that if the aforesaid amount of Rs.90,000/- is returned to the original complainant and in view of the stand taken by his daughter now that she has married with original accused No.1, he has no objection if the impugned FIR is quashed and set aside. 5.1] SHRI K.P. Raval, learned Additional Public Prosecutor has requested to pass appropriate order in the facts and circumstances of the case, more particularly, the statement of the daughter of the complainant viz. Ankita which is a zerox copy, which is produced on record.