SCR.A/958/2003 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 958 of 2003 With SPECIAL CRIMINAL APPLICATION No. 274 of 2006 To SPECIAL CRIMINAL APPLICATION No. 284 of 2006 With CRIMINAL MISC.APPLICATION No. 7656 of 2004 In SPECIAL CRIMINAL APPLICATION No. 958 of 2003 With CRIMINAL MISC.APPLICATION No. 8876 of 2004 In SPECIAL CRIMINAL APPLICATION No. 958 of 2003 With CRIMINAL MISC.APPLICATION No. 14176 of 2006 In SPECIAL CRIMINAL APPLICATION No. 958 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SHRUTIBEN W/O PRASANT SHAH & 1 - Applicant(s) Versus P P JOBALIA (SHAH) & 1 - Respondent(s) ========================================================= Appearance : MR BC DAVE for Applicant(s) : 1 - 2. MR BM MANGUKIYA for Respondent(s) : 1, MR RC KODEKAR APP for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 20/10/2008 ORAL JUDGMENT SCR.A/958/2003 2/4 JUDGMENT 1. RULE. Learned counsel for the respondents waive service. 2. Learned counsel for the petitioner Mr.B.C.Dave and Mr.P.P. Jobalia, respondent No.1, the original complainant as also learned A.P.P. Mr.R.C. Kodekar jointly submitted that in view of the limited consensus arrived at between the original complainant and the accused persons and in view of the development subsequent to the filing of the complaints, the criminal cases filed by respondent No.1 were not required to be pursued or prosecuted and hence, those cases were requested to be quashed to cut-short the unnecessary proceedings and relieve the parties and the Court of such unnecessary burden. It was submitted by respondent No.1, original complainant appearing as party-in-person, that he has agreed to quashing of all his complaints against the petitioners on condition and understanding that he will not, in any way, be harassed by the petitioners and they will not directly or indirectly approach him either for the purpose of pressurising him or claiming any rights over him or his property. Without admitting any of the allegations or apprehensions expressed by respondent No.1, it was stated, on instructions, by learned counsel Mr.B.C. Dave that the petitioners do not propose to approach SCR.A/958/2003 3/4 JUDGMENT the original complainant or make any claims against him on the basis of any previous relationship or share in any property of respondent No.1. 3. Therefore, recording the above statements made before this Court and recorded herein, the following criminal cases are quashed. Sr.No. Case Nos. Court 1. Court Inquiry Case No.174 of 1999. Metropolitan Court No.15, Ahmedabad. 2. Court Inquiry Case No.3 of 2002. Metropolitan Court No.15, Ahmedabad. 3. Criminal Misc. Application No.4 of 2002. Metropolitan Court No.15, Ahmedabad. 4. Court Inquiry Case No.10 of 2000 Metropolitan Court No.15, Ahmedabad. 5. Criminal Case No.212 of 1998 Metropolitan Court No.5, Ahmedabad. 6. Criminal Case No.1522 of 1998 Metropolitan Court No.5, Ahmedabad. 7. Criminal Case No.1401 of 1999 Metropolitan Court No.5, Ahmedabad. 8. Criminal Misc. Application No.1 of 2001 Metropolitan Court No.5, Ahmedabad. 9. Court Inquiry Case No.56 of 2001 Metropolitan Court No.5, Ahmedabad. 10. Criminal Case No.2859 of 1999 JMFC, Ahmedabad(R) Court No.6, A'bad. 11. Criminal Case No.2722 of 1999 JMFC, Ahmedabad(R) Court No.6, A'bad. 12. Criminal Case No.299 of 1999 JMFC, Ahmedabad(R) Court No.6, A'bad. 4. Besides the above list of cases, it was stated and jointly submitted that one more criminal case being Criminal Case No.958 of 2003 SCR.A/958/2003 4/4 JUDGMENT filed by respondent No.1 is also pending in Court No.13 of learned Metropolitan Magistrate, Ahmedabad which was also required to be quashed according to the understanding. Accordingly the proceedings of that criminal case is also hereby quashed. 5. It was further understood and agreed by learned counsel Mr.B.C. Dave, on instructions of the petitioners, that whichever other criminal cases were filed against respondent No.1 or his family members by any of the petitioners shall be withdrawn by the petitioners. The parties are directed to abide by the statements recorded hereinabove. Rule is made absolute accordingly in each of the petition with no order as to costs. Criminal Misc. Application Nos.7656 of 2004, 8876 of 2004 and 14176 of 2006 do not survive in view of this order and accordingly stand disposed. (D.H.WAGHELA, J.) Hitesh