HUSENBHAI SIDDIQBHAI KHOD Vs. STATE OF GUJARAT
LAWS(GJH)-2020-11-20
HIGH COURT OF GUJARAT
Decided on November 03,2020

Husenbhai Siddiqbhai Khod Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

ASHOKKUMAR C.JOSHI,J. - (1.) The applicants have filed this application under section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as the "Code") for quashing of the FIR being C. R. No. 11189003201272 of 2020, registered with the 'A' Division Police Station, Morbi, Dist. Morbi for the offence punishable under sections 447 r/w. 114 of the Indian Penal Code, 1860 (IPC) with all further and consequential proceedings arising pursuant to the said FIR.
(2.) Rule. Learned APP Mr. H. K. Patel waives service of notice of rule on behalf of the respondent - State.
(3.) Heard learned advocate Mr. A. S. Timbalia for the applicants, learned advocate Mr. A. I. Saiyed for the respondent No. 2 - original complainant and learned APP Mr. H. K. Patel for the respondent - State through video conference. 3.1 The learned advocate for the applicants has submitted to the Court that amicable settlement is arrived at between the original complainant and the applicants and an affidavit to that effect, is also placed on record. Therefore, it is submitted that the discretion may be exercised by this Court and the application may be allowed and the FIR and the consequential proceedings arising therefrom, may be quashed. 3.2 In support, the learned advocate for the applicants has placed reliance upon four different pronouncements of Hon'ble Apex Court vis-a-vis of this Court i.e. (i) of Hon'ble Apex Court in case of Narender Singh and Others vs. State of Punjab and Another, 2014 6 SCC 466, (ii) Iqbal Dawood Hala Vs. State of Gujarat,2013 0 AIJELHC 229756, (iii) a judgment in case of Janki Chintan Shah Vs. State of Gujarat,2014 0 AIJELHC 231973 and (iv) Arun Singh And Others vs. State of Uttar Pradesh Through Its Secretary And Another, 2020 3 SCC 736. ;


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