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R/CR.MA/10300/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 10300 of 2018 ========================================================== ANKIT RAMESHBHAI DOBARIYA Versus STATE OF GUJARAT ========================================================== Appearance:
MR PRAVIN GONDALIYA(1974) for the PETITIONER(s) No. 1 MR JR DAVE(254) for the RESPONDENT(s) No. 2 MS. HIRAL U MEHTA(7003) for the RESPONDENT(s) No. 2 MR.HARDIK SONI, ADDL. PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 08/06/2018
ORAL ORDER
1. RULE. Learned APP waives service of notice of rule on behalf of the respondent-State. 2. This is an application filed under Section 482 of the Criminal Procedure Code for quashing of the FIR being C.R.No.I- 299 of 2017 registered with Vatva Police Station, Ahmedabad. The FIR is registered for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120 - B of the Indian Penal Code. 3. Learned advocate for the applicant submits the present applicant himself is young business man and it is his very first project the dispute has occurred. It is submitted that the dispute is now amicable settled and respondent no.2 is no more interested in prosecuting the case any further. Page 1 of 3
R/CR.MA/10300/2018 ORDER
4. Learned advocate Ms. Hiral Mehta appears on behalf of the respondent no.2 and draws the attention of this Court to the affidavit of the original complainant wherein it is mentioned that the dispute between the parties is amicably settled and that there is no misunderstanding, the grievance now does not survive and therefore, he has no objection if the subject FIR is quashed. 5. Learned APP under the instructions of the officer, submits that considering the nature of transactions in the FIR, there is no objection if the FIR is quashed. 6. Considering the averments made in the application and the allegations in the FIR, it appears that the case pertains to transactions related to land which did not result into final transaction and some dispute arose in the intervening period. It is observed that the dispute has been amicably resolved and the documents regarding the transaction have now been rectified. The property, is now once again running in the name of the original complainant. An affidavit is produced on record, which indicates that no grievance now subsists and the cancellation of deed dated 21.04.2018 is registered with the Sub Registrar, Ahmedabad City Taluka.
Therefore, the respondent no.2 has no objection if the FIR being C.R.No. I 299 of 2017 registered with Vatva Police Station is quashed. 7. Learned advocate on behalf of the applicant volunteers to deposit an amount of Rs.10,000/- to the Legal Aid
R/CR.MA/10300/2018 ORDER committee. 8. This application is allowed. The FIR being C.R.No.I – 299 of 2017 registered with Vatva Police Station, Ahmedabad is ordered to be quashed and set aside. 9. As volunteered above, the applicant is directed to deposit an amount of Rs.10,000/- (Rupees Ten Thousand only) before the High Court Legal Aid Committee within a period of two weeks from today.,
10. Rule is made absolute. Direct service is permitted. (A.Y. KOGJE, J) VARSHA DESAI