DARSHAN AMULBHAI PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed for seeking following prayers:-

(2.) Heard learned advocate Mr. Harshang Patel for the applicant and learned Assistant Public Prosecutor Mr. Dhavan Jaiswal for the respondent - State. Though notice is served, respondent No.2 - original complainant has not filed any appearance and/or not chosen to appear.

(3.) Learned advocate Mr. Harshang Patel for the applicants has submitted that applicant herein along with other persons is the accused and respondent No.2 is the original complaint of impugned F.I.R. being C.R.I-136 of 2016 registered with the Fatehganj Police Station District: Vadodara under Sec. 406, 420, 494, 495, 376, 504, 506(2) and 114 of the Indian Penal Code and Sec. 3(1)(10) of the Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act . He has submitted that entire allegation is levelled against accused No.1 in the F.I.R. and the same is lodged after a delay of 8 months. He has also drawn my attention towards the order passed by this Court in the case of Nitin Venilal Dhruv versus State of Gujarat rendered in Special Criminal Application No.9398 of 2019 dtd. 24/10/2019, by which the Court has recorded that settlement is arrived at between the complainant as well as original accused No.1, who happens to her husband of the complainant. The applicant is brother-in- law of the accused No.1 and looking to the allegation made in the F.I.R., no fruitful purpose will be served to continue the proceedings, and therefore, he prays that in view of the judgment of the Hon'ble Apex Court in the case of State of Haryana versus Bhajan Lal and Others reported in AIR (1992) SC 604, complaint is required to be quashed. Now, trial, pursuant to the complaint is also commenced and therefore, undue hardship will be caused to the applicant and therefore, he prays to quash the impugned F.I.R. by allowing this application, otherwise also, no ingredients of the Sec. mentioned in the F.I.R. pursuant to the alleged offence is satisfied qua the applicant.