Gujarat HC quashes FIR that had named Congress leader after ‘kidnapped’ farmer, wife appearin court

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The court recorded that the original complainant, Kajalben along with Harshadbhai Ramtuji Thakor and Popatji Cheharaji Thakor, had filed affidavits stating that “now there is no grievance between them and continuation of FIR would rather affect the parties”. (File Photo)The Gujarat High Court (HC) on Friday quashed a kidnapping and abduction FIR registered at Adalaj police station in Gandhinagar against four persons, which had named veteran Congress leader Jagdish Thakor, though not as an accused, after the complainant and her husband appeared before the court and said that they settled the dispute and had no objection to the criminal proceedings being dropped.Justice Gita Gopi issued two orders on November 6, allowing petitions filed by Gabhu Rabari and Baldev Rabari in one case, and Ravi Thakor and Jagdish Thakor in the other. The FIR registered under Sections of the Bharatiya Nyaya Sanhita (BNS) stemmed from the registration of a sale deed before the Sub-Registrar, Gandhinagar. Advocates appearing for the applicants submitted that the parties reached an amicable settlement outside court.The FIR was filed on October 21 based on a complaint filed by Kajalben Thakor claiming that her husband Popatji Thakor was abducted by three men over the sale of their land in August and that he hasn’t returned home since then.The complainant had named three persons – Ravi Mansukh Thakor, Gabhu Babhu Rabari, and Baldev Rabari — as accused. The Congress had alleged that former state Congress chief Jagdish Thakor’s name had been added as a ‘third party’ at the behest of a police officer.The court recorded that the original complainant, Kajalben along with Harshadbhai Ramtuji Thakor and Popatji Cheharaji Thakor, had filed affidavits stating that “now there is no grievance between them and continuation of FIR would rather affect the parties”.The court noted that it had verified the terms of the compromise with the complainant and victims, who “categorically stated that the complainant and victim have no grievance against the applicants and that the complainant and the victim have no objection to the quashment of the impugned FIR”.Recording their confirmation, Justice Gita Gopi observed, “This court has got it confirmed from the complainant and the victim, who have stated that the affidavits have been affirmed out of their own free will and volition and that the contents of the affidavits have been interpreted to them in Gujarati.”Story continues below this adThe court also noted that the affidavits contained allegations against Adalaj police personnel, but clarified: “However, this Court does not intend to enter into the details of such allegations.”Relying on Supreme Court rulings, the court observed that its inherent powers could be exercised to quash criminal proceedings following a settlement, including in cases involving non-compoundable offences, where the dispute was essentially civil in nature and the possibility of conviction was remote.The court held that “there exists no scope for any further proceeding in the matter”.