NEUTRAL CITATION
R/CR.RA/1092/2023 ORDER DATED: 31/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1092 of 2023
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BHURABHAI AMBALAL PARMAR
Versus
PATEL KIRANBHAI AMRATBHAI
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Appearance:
K T BELADIYA(9101) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 31/08/2023
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents.
2. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith since parties have settled the dispute as alleged offence is bailable and compoundable. Page 1 of 7 Downloaded on : Sun Sep 17 03:01:41 IST 2023
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3. By way of this application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashing and setting aside the order dated 11.04.2023 passed by the learned Additional Senior Civil Judge & Chief Judicial Magistrate, Bayad in Criminal Case No.1973 of 2015, whereby the Trial Court has pleased to pass an order of conviction and sentence of 1 year of SI and order to pay fine of Rs.13,10,570/- and ID, he has to undergo further SI for the 3 months. The said order is assailed before the learned additional Sessions Judge, Aravalli @ Modasa by way of impugned Judgment and order of sentence dated nd 18.08.2023 passed by 2 Additional Sessions Judge, Aravalli @ Modasa in Criminal Appeal No. 106 of 2023. The said appeal came to be dismissed and the order of conviction has been confirmed and upheld by the Additional Sessions Judge. Hence, this Revision Application is filed.
4. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and Page 2 of 7 Downloaded on : Sun Sep 17 03:01:41 IST 2023 NEUTRAL CITATION R/CR.RA/1092/2023 ORDER DATED: 31/08/2023 undefined therefore, any further continuance of the proceedings pursuant to the Criminal Case as well as any further proceedings arising therefrom would create hardship to the applicant. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its powers conferred under Section 397 read with Section 401 of the Code and allow the application as prayed for. 4.1. Learned advocate appearing for the applicant states th that the applicant is in jail since 18 August, 2023 and matter is settled between the parties.
5. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected.
6. Ms.D.P. Mishra learned advocate for the respondent No.2 has received instructions to appear on behalf of the original-complainant. She has file her appearance before Page 3 of 7 Downloaded on : Sun Sep 17 03:01:41 IST 2023 NEUTRAL CITATION R/CR.RA/1092/2023 ORDER DATED: 31/08/2023 undefined the Registry. Learned advocate Ms.Mishra placed on record the affidavit of the complainant, which is ordered to be taken on record.
6.1. Learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 Patel Kiranbhai Amratbhai dated 31.08.2023. Respondent No.2 is present in person before the Court and is identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicant and the respondent No.2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
7. At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the original complainant does not wants to pursue for the further litigation as complainant and applicant have settled the matter and in this regard, affidavit of Page 4 of 7 Downloaded on : Sun Sep 17 03:01:41 IST 2023 NEUTRAL CITATION R/CR.RA/1092/2023 ORDER DATED: 31/08/2023 undefined respondent No.2 has been placed, which is taken on record. The contents of the affidavit is also admitted by the original complainant. Even complainant has remained present before this Court and stated that he has no objection if the conviction recorded by the learned Trial Court as well as Appellate Court is set aside.
8. Considering the fact that as under Section 147 of the Negotiable Act, offence is compoundable and permissible to settle the dispute at any stage, permission to settle the dispute is required to be allowed. However, the revisionist has settled the dispute at the level of High Court after the confirmation by the appellate Court, the present application may be allowed. Considering the amount of cheque is Rs.6,00,000/- and awarded compensation amount is about Rs.13,00,000/- and as the accused is farmer and having no any financial source, this Court has considered the said aspect as offence is compoundable and bailable. Considering the fact that as applicant has also deposited an amount of Rs.1,31,057/- before the Court of Sessions Judge, the present Revisionist has no objection, if the said amount is paid to the complainant. Nazir of concerned District Court is directed to pay the amount deposited pursuant to the Page 5 of 7 Downloaded on : Sun Sep 17 03:01:41 IST 2023 NEUTRAL CITATION R/CR.RA/1092/2023 ORDER DATED: 31/08/2023 undefined order passed by the learned Additional Sessions Judge in Criminal Appeal No.106 of 2023 vide Receipt No.4642242 after due and proper verification to the complainant.
9. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application and considering the decision rendered in case of Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC 663, it appears that further continuation of criminal proceedings in relation to the impugned proceeding against the applicant would be unnecessary harassment to the applicant.
10. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings of Criminal Case would amount to abuse of process of law and hence, to secure the ends of justice, the Criminal Case is required to be quashed and set aside in exercise of powers conferred upon this Court.
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11. Resultantly, this application is allowed. The order dated 11.04.2023 passed by the learned Additional Senior Civil Judge & Chief Judicial Magistrate, Bayad in Criminal Case No.1973 of 2015 as well as impugned Judgment and order of sentence dated 18.08.2023 passed nd by 2 , Additional Sessions Judge, Aravalli @ Modasa in Criminal Appeal No. 106 of 2023 stand quashed and set aside qua the applicant, subject to deposit 15% of the amount of cheque before the Gujarat High Court Legal Services Committee within a period of 10 days.
13. On compliance of the said order, the applicant shall be released on bail, if his presence is no longer required in any other criminal offence.
14. The present application is allowed qua applicant.
Rule is made absolute
Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
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