If the applicants are in jail but have no other charges pending against them, the jail administration and the court in question must take the necessary actions to free them- Gujarat High Court
TITLE Bharatbhai Kanjibhai Kakadiya Versus State of Gujarat
Decided On September 1, 2023
10719 of 2023
CORAM: Hon’ble Justice Mr Samir J. Dave
INTRODUCTION- The applicants have asked for the quashing and setting aside of the FIR for the offence punishable under Sections 465, 467, 468, 471, 120B, and 201 of the Penal Code, 1860 through this application under Section 482 of the Criminal Procedure Code, 1973; proceedings to be halted.
FACTS OF THE CASE
The knowledgeable attorney claims that he has been given instructions to appear for and on behalf of Respondent No. 2 and has requested authorization to do so. Permission has been granted as requested. He needs to submit his Vakalatnama to the Registry. The same will be accepted by the Registry.
The learned APP waives service of the notice of rule for and on behalf of respondent number one, the State, and the learned advocate Mr. Pratik Jasasni waives service of the notice of rule for and on behalf of respondent number two. Taking into account the matter at hand, the consent of the learned solicitors representing the relevant parties, and the fact that the dispute between the applicants and complainant has been settled amicably
COURT ANALYSIS AND DECISION
The Complainant submitted an affidavit that is now part of the public record. There is no surviving grievance between the parties, and the complainant has categorically stated in the affidavit that the dispute is amicably resolved and that he has no objections if the current proceedings are quashed. However, given the facts and circumstances surrounding the present application and the decisions made by the court in reliance on earlier rulings, it appears that further litigation is necessary. Since it appears that the trial would be ineffective and that furthering the actions taken in response to the contested FIR would constitute an abuse of the legal system and the court, it is necessary to exercise the authority granted by Section 482 of the Code to quash the contested FIR and any related proceedings in order to uphold the interests of justice.
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Written by- Steffi Desousa