LAWS(GJH)-2023-7-114

RASHESH NAVINCHANDRA SHAH Vs. STATE OF GUJARAT

Decided On July 07, 2023
Rashesh Navinchandra Shah Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Mr.K.J.Panchal, learned advocate for Respondent No.2 has filed an affidavit affirmed by Mr.Pushpvadan Thakorlal Mistri, stating that complainant, namely, Jaymin Pushpvadan Mistri, expired on 6/5/2021 during the Corona period. This affidavit is filed with regard to giving no objection to quash the First Information Report (FIR). Mr.Pushpvadan Thakorlal Mistri, the father of the original complainant is present before this Court, who is identified by Mr.K.J.Panchal, learned advocate for Respondent No.2.

(2.) Mr.Hriday Buch, learned advocate for the applicants also filed an affidavit affirmed by Mr.Vishvesh Bhatt, who is accused No.1 in FIR filed before Kalol Taluka Police Station being I- C.R.No.166 of 2014 and witness in impugned FIR, also confirms with regard to the settlement and also placed on record the order passed by coordinate Bench of this Court in Criminal Misc. Application No.23448 of 2022 wherein, the FIR filed by Mr.Akash Shah against Mr.Vishwesh Bhatt and other two persons was quashed on the ground of settlement.

(3.) The impugned FIR in the present matter is filed under Ss. 323 , 324 , 294-B , 114 of the Indian Penal Code and 135(1) of the Gujarat Police Act. At the time of issuance of 'Rule', this Court passed a detailed order, which is reproduced herein below: