R/CR.MA/20441/2013 ORDER DATED: 23/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 20441 of 2013 With CRIMINAL MISC.APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/CRIMINAL MISC.APPLICATION NO. 20441 of 2013 With CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025 In R/CRIMINAL MISC.APPLICATION NO. 20441 of 2013 ========================================================== DHARMENDRA @ DHAMO RAICHAND PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR BHARAT T RAO(697) for the Applicant(s) No. 1 DECEASED LITIGANT for the Respondent(s) No. 2 MR SOHAM JOSHI, ADDL.PUBLIC PROSECUTOR for Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 23/04/2025 ORAL ORDER ORDER IN DELAY CONDONATION APPLICATION : 1. Rule. Learned APP waives service for the Respondent-State. 2. This is an application, filed under Section 5 of the Limitation Act, seeking condonation of delay of 1056 days, caused in filing the application for bringing legal heirs. 3. Having heard the learned Advocates for the parties and having satisfied with the grounds urged for not filing the application for bringing heirs within the period of limitation, this application deserves to be allowed. R/CR.MA/20441/2013 ORDER DATED: 23/04/2025 4. Resultantly, this application is allowed and the delay of 1056 days is condoned. Rule is made absolute, accordingly. ORDER IN APPLICATION FOR BRINGING HEIRS : 5. This is an application filed for bringing heirs of deceased complainant – respondent No.2 in the matter. 6. Having heard learned advocates for the respective parties and in the particular fact of the case that compromise has been arrived at between the parties, the heirs of the deceased complainant are permitted to be joined as respondent in the main matter. 7. The application for bringing heirs is allowed. Necessary incorporation be made, forthwith. ORDER IN CRIMINAL MISC. APPLICATION NO.20441 of 2013 : 8. Rule. Learned APP waives service of notice of Rule for the respondent State. 8.1 Heard learned advocate Mr.Bharat Rao for the petitioner and learned APP Mr.Soham Joshi for the respondent State. 9. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the petitioner and respondent - original complainant has been resolved amicably, this matter is taken up for final disposal forthwith. R/CR.MA/20441/2013 ORDER DATED: 23/04/2025 10. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside FIR being C.R.No.I-152 of 2013 registered with Unjha Police Station, Dist. Mehsana, for the offences punishable under Sections 384, 507 and 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein. 11. Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their differences by way of mutual settlement, however, the complainant passed away during the pendency of the petition. Pursuant to understanding arrived at between them, an affidavit is filed by wife of the complainant, which is taken on record. The wife of the complainant is present before the Court and confirms that settlement arrived at between the parties and she has no objection if the questioned FIR is quashed. The relevant para of the affidavit filed by wife of the complainant is reproduced as under : “1. I say that I am wife of late Shri Govindbhai @ Halo Ramjibhai Patel, the original complainant in the above matter. I say and submit that my husband passed away on 18.11.2021. Annexed hereto and marked as "Annexure-R1" is a copy of death certificate. 2. I say and submit that police has called upon me in the said matter. I say and submit that on inquiring the matter with the police I came to know that my late husband had filed complaint at Unjha Police Station on 26.9.2013 being C.R.No/I/152/2013 for the offences R/CR.MA/20441/2013 ORDER DATED: 23/04/2025 punishable under Sec.384, 507, 114 of I.P.C. against the present petitioner and two others. 3. I say and submit that in Unjha there was political rivalry in the group of Shri Naranbhai Patel, Ex. M.L.A. and Ms.Ashaben Patel deceased M.L.A. It is submitted that in the said interse dispute quarrel took place and complaint has been filed by my late husband against the present petitioner and two others. 4. I say and submit that thereafter the matter has been compromised and all the disputes between my husband and petitioner have been resolved. But as my husband had liver problem and he was not keeping well, therefore affidavit of compromise could not be filed before this Honble Court. On account of prolonged illness, my husband died on 18.11.2021. 5. It is submitted that looking to the fact that my husband has died and now there is no quarrel and all disputes between my husband and petitioner have been resolved. I have no objection if the complaint is quashed. I say and submit that I am living peacefully at Unjha with my family. I say and submit that I have got full support from the petitioner also.” 12. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 R/CR.MA/20441/2013 ORDER DATED: 23/04/2025 SC 604, it appears that further continuation of criminal proceedings in relation to the impugned FIR against the petitioner would be unnecessary harassment to the applicant. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code. 13. Resultantly, this application is allowed. The impugned FIR being C.R.No.I-152 of 2013 registered with Unjha Police Station, Dist. Mehsana, for the offences punishable under Sections 384, 507 and 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein are hereby quashed and set aside. Accordingly, Rule is made absolute. Direct service is permitted. (J. C. DOSHI, J) GAURAV J THAKER Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 23/04/2025 17:46:10