HC-NIC

R/CR.MA/17098/2015

ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 17098 of 2015
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GAURANGKUMAR KAUSHIKBHAI PANDYA & 3....Applicant(s)

Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 - 4
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 14/09/2015
ORAL ORDER

Rule returnable forthwith. Ms. Punani, the learned APP waives service of
notice of rule for and on behalf of the respondent No.1 - State of Gujarat. Mr.Harnish
Darji, the learned Advocate waives service of notice of rule for and on behalf of the
respondent No.2 - the original first informant.

The applicants herein are all practicing advocates at Anand.

The first

informant is also a practicing advocate at Anand. It appears that on the date of the
incident, the Bar Association had resolved to abstain from the work so far as the Court
of one Shri V.D. Parmar, 2nd Senior Civil Judge, was concerned. It is the case of the
first informant that despite such Resolution she had appeared in the Court of Shri
V.D. Parmar. This was not liked by the other members of the Bar Association. It is
alleged in the FIR that she was wrongly restrained by the applicants.

The respondent No.2 is personally present in the Court. She submits that the

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HC-NIC

R/CR.MA/17098/2015

ORDER

dispute has been amicably resolved. She submits that she is not interested to proceed
further with the complaint. She has also filed an affidavit, stating as under:-

"1.

I say and submit that I am the original complainant of FIR registered

as M. Case No.1/2015 before Anand Rural Police Station for the offences punishable
under Sections 143 and 341 of the I.P.C against the petitioner herein.

2.

I say and submit that I have gone through the petition filed by the petitioner

and as I am aware about the facts and circumstances of the present case, being
original complainant, I am filing this affidavit as under.

3.

I say and submit that due to intervention of Senior Members of the Bar the

dispute between the petitioners and myself came to be settled. A compromise deed
also executed on 13th September, 2015.

4.

I say and submit that in view of the compromise deed the present application

as prayed for may kindly be granted in the interest of justice. I say and submit that
the proceedings of M. Case No.1 of 2015 (Ann.A) may kindly be quashed and set
aside in the interest of justice."

Taking into consideration the nature of the dispute and the fact that the dispute
has been amicably resolved between the parties, no useful purpose would now be
served to continue with the investigation. In the result, this application is allowed.
The First Information Report, being M. Case No. 1 of 2015 at Annexure "A"
registered before the Anand Rural Police Station is hereby quashed.

All

consequential proceedings stand terminated. Rule is made absolute. Direct service

permitted.
(J.B.PARDIWALA, J.)
Mohandas

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