DEVRAJBHAI KHODABHAI SAKHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for a writ of mandamus or any other appropriate writ, order or direction by directing the respondent Nos.1 to 4 to forthwith close the proceedings initiated pursuant to the complaint dtd. 26/11/2016 of the respondent No.5 at Aji Dam Police Station and subsequent complaints pursuant to the directions of this Court in the Special Criminal Application No.11650 of 2018.

(2.) By way of an application dtd. 26/11/2016, the respondent No.5 herein, claiming to be one of the trustees of the Arsh Vidhya Prasaran Sansthan, made a grievance that in the year 2012, upon death of some of the trustees, the respondent No.5 and one Arunaben Laljibhai Harsoda were also appointed as the trustees. However, subsequently, their names were removed as the trustees, and on account of the same, some civil and criminal litigations took place. Ultimately, an application dtd. 26/11/2016 was given by one Arunaben Laljibhai Harsoda for registration of the first information report, for which, a petition was preferred before this Court being Special Criminal Application No.5352 of 2017, which was disposed of vide order dtd. 24/7/2017. Thereafter, one another petition was filed being Special Criminal Application No.11650 of 2018 which was also disposed of by the Coordinate Bench vide order dtd. 7/5/2019 with a direction to the police authority to follow the dictum of the Apex Court in the case of Lalita Kumari vs. State of Uttar Prardesh & Ors ., reported in (2014) 2 SCC 1.

(3.) Pursuant to the aforesaid order dtd. 7/5/2019, the respondent Nos.1 to 4 have investigated into the matter and the statements of the respondent No.5 and Arunaben L. Harsoda were recorded. Both, the respondent No.5 and Arunaben have categorically stated in their statement before the Investigating Officer that the inter se dispute between the petitioners and the respondent No.5 as well as Arunaben L. Harsoda is settled and by giving withdrawal pursis, they have withdrawn the civil litigations and they do not want to proceed further in respect of their application any further.