High CourtsSingle Bench(2020) 07 GUJ CK 0096

Aspak @ Ashfaq Abdullatif Shekh vs State Of Gujarat & 1 Other(s)

Gujarat High Court · Decided on 31 July 2020

HON’BLE JUDGES
B.N. Karia, J
CASE NUMBER
R/Criminal Misc.Application No. 10484 Of 2019

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Judgment

17 paragraphs · 280 words

B.N. Karia, J

Ms.Akanasha Mishra, learned advocate states that she has received instructions to appear for and on behalf of respondent No.2-original complainant

and she shall file her Vakalatnama before the Registry of this Court. Registry shall accept the same.

By way of present application, the applicant has prayed to quash and set aside the FIR C.R. No.II-106 of 2016 registered at Pardi Police Station,

District - Valsad City for the offences punishable under Sections 323, 504, 506(2), 427 and 114 of Indian Penal Code and all other consequential

proceedings thereto.

Heard learned advocate for the applicant.

It is submitted by learned advocate for the applicant that other three accused persons are acquitted by the concerned learned Trial Court and the

complainant himself has accepted before the learned Trial Court that the applicant and other accused persons have not harmed the complainant and

have also failed to prove the allegations alleged in the FIR. It is further submitted that the applicant, being a minor, was sent to the Child Welfare

Board and he was released on bail. He further submits that he has got majority and settlement was arrived at between the parties as the complaint

was filed in anger and on the investigation of neighbours. He further submits that the settlement has been arrived at between the parties and in this

regard, an affidavit has been filed by respondent No.2-original complainant.

Issue requires consideration.

Rule. Leaned APP waives service of notice of rule for and on behalf of respondent-State and Ms.Akanasha Mishra, learned advocate waives service

of notice of rule for and on behalf of respondent No.2-original complainant.

Registry may place this matter on regular functioning of the Court.