R/CR.MA/10329/2016 ORDER DATED: 09/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10329 of 2016
With
R/CRIMINAL MISC.APPLICATION NO. 25043 of 2016
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JAYSHREEBEN BHAVINBHAI DAVE
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MS HIRAL U MEHTA for MR.VISHAL J DAVE(6515) for the Applicant(s)
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
MR HARNISH V DARJI(3705) for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 09/02/2023
COMMON ORAL ORDER
1. Draft amendment is allowed in Criminal Misc.
Application no.25043 of 2016.
2. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State and learned advocates Mr. Darji and Ms. Mehta waive service of Rule on behalf of the respective original complainants.
3. These applications have been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing and setting aside Page 1 of 7 Downloaded on : Thu Feb 09 21:03:09 IST 2023 R/CR.MA/10329/2016 ORDER DATED: 09/02/2023 the FIR bearing CR No. I-59/2016 registered with Sanand Police Station, Ahmedabad for offences punishable under Sections 467, 468, 471, 181, 120B of the IPC and FIR bearing CR No.I-11/2016 registered with Sanand Police Station, Ahmedabad for the offence punishable under Sections 465, 467, 468, 471, 120B of the IPC.
4. Learned advocate for the applicants submits that counter FIRs have been filed in relation to the family property, where the complainants are uncle and niece respectively and further states that the parties have settled the dispute amicably outside the Court and that there remains no grievance between them. Therefore, in the larger interest of the society, the impugned FIR may be quashed and set aside.
5. Learned Additional Public Prosecutor for the respondent-State submitted that any FIR Page 2 of 7 Downloaded on : Thu Feb 09 21:03:09 IST 2023 R/CR.MA/10329/2016 ORDER DATED: 09/02/2023 should be quashed in accordance with the guidelines of the Hon'ble Apex Court and the parameters laid down therein.
6. The complainants are present before this Court and the complainant - Hiteshbhai is represented by learned advocate Mr. Darji and the complainant - Jayshreeben is represented by learned advocate Ms. Mehta. The complainants have also filed an affidavit stating that now there is no grievance between them and continuation of FIR would rather affect the society. The Court verified the contents of the compromise with the original complainants who are present before the Court. The original complainants have affirmed the affidavit, wherein terms of settlement have been recorded. The original complainants categorically stated that the complainants have no grievance against the applicants and Page 3 of 7 Downloaded on : Thu Feb 09 21:03:09 IST 2023 R/CR.MA/10329/2016 ORDER DATED: 09/02/2023 that the complainants have no objection to the quashment of the impugned FIR.
7. Considering the principle laid down by the Apex Court in the case of Gian Singh v. State of Punjab and another reported in (2012) 10 SCC 303, the present matter would fall under the criteria laid down therein. In paragraph- 61 of the said judgment, it has been observed thus:-
"61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have Page 4 of 7 Downloaded on : Thu Feb 09 21:03:09 IST 2023 R/CR.MA/10329/2016 ORDER DATED: 09/02/2023 settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime.
Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victims family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society.
Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have Page 5 of 7 Downloaded on : Thu Feb 09 21:03:09 IST 2023 R/CR.MA/10329/2016 ORDER DATED: 09/02/2023 resolved their entire dispute. In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
8. In view of the discussions made hereinabove and in view of the settlement arrived at between the parties, there exists no scope Page 6 of 7 Downloaded on : Thu Feb 09 21:03:09 IST 2023 R/CR.MA/10329/2016 ORDER DATED: 09/02/2023 for any further proceeding in the matter. The continuance of proceedings would lead to wastage of precious judicial time as there would remain no possibility of any conviction in the case. Hence, the Court is of the opinion that this is a fit case where the inherent powers of the Court under section 482 of the Cr.P.C. could be exercised for securing the ends of justice.
9. In the result, the applications are allowed.
The FIR bearing CR No. I-59/2016 and FIR bearing CR No.I-11/2016 both registered with Sanand Police Station, Ahmedabad and all proceedings initiated in pursuance thereof are quashed and set aside qua the present applicants. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(GITA GOPI,J) Maulik Page 7 of 7 Downloaded on : Thu Feb 09 21:03:09 IST 2023