NEUTRAL CITATION
R/CR.MA/19503/2023 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 19503 of 2023
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PARESH @ PINTU ASHOKBHAI PANCHAL
Versus
STATE OF GUJARAT
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Appearance:
MR CHINTAN ADESHRA for MR CHANDANSINGH R RAJPUT(11030) for
the Applicant(s) No. 1
for the Respondent(s) No. 2
MR KM ANTANI, Addl. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 02/11/2023
ORAL ORDER
Learned advocate Ms. Dipshikha Mishra states that she has instructions to appear on behalf of the original complainant, and thereby, seeks permission to file his Vakalatnama, which is granted. The original complainant is present in the Court and is identified by her learned advocate.
1. Heard learned advocates for the respective parties.
2. Rule. Learned advocates waive service of note of rule on behalf of the respective respondents.
3. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved Page 1 of 5 Downloaded on : Thu Nov 02 20:51:55 IST 2023 NEUTRAL CITATION R/CR.MA/19503/2023 ORDER DATED: 02/11/2023 undefined amicably, this matter is taken up for final disposal forthwith.
4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant have prayed to quash and set aside the complaint being C.R. No. 11191010230521 of 2023 registered with Madhupura Police Station for the offences under Section 376(2)(n) of Indian Penal Code and all the consequential proceedings arising therefrom.
5. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit, which is taken on record. In the Affidavit, the original complainant has categorically stated that the dispute with the applicant has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. Relevant paras of said affidavit is as under:-
"2. That I would further submit that I have entered into a Settlement with the accused. That in view of this settlement now there is no grievance left amongst the parties and complainant does not have any objection if the present application of the petitioner is considered in view of the settlement..
3. That I would further submit that I have entered into a Settlement with the accused. That in view of this settlement now there is no grievance left amongst the parties and complainant does not have any objection if the present application of the petitioner is considered in view of the settlement
4. That I would further humbly submit that dispute between Page 2 of 5 Downloaded on : Thu Nov 02 20:51:55 IST 2023 NEUTRAL CITATION R/CR.MA/19503/2023 ORDER DATED: 02/11/2023 undefined the parties is purely of personal nature. It is therefore, humbly submitted that no useful purpose will be served in Keeping the present proceedings pending in view of the settlement arrived at between the parties in respect of disputes which are purely of personal nature
5. That petitioners accused and I have amicably settled their disputes, issues and differences and therefore complainant does not wish to continue with the 11191010230521/ 2023, dated 20/09/2023, registered with Madhupura Police Station,at Ahmedabad for the offences punishable under Section 376(2)(n) IPC and have no objection if the Sessions case and the FIR are quashed."
6. Thus, from the above deposition, it appears that the complainant victim has turned hostile, which led to exonerate the accused from the accusation. At this juncture, I may refer to the judgment of Madan Mohan Abbot vs. State of Punjab [2008] 4 SCC 582 6]. Observations in paragraph 6 is relevant which reads thus:
"[6] We need to emphasis that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and benefit of the technicalities of the law".
7. In case of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, the Hon'ble Apex Court has held as under:-
"Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They Page 3 of 5 Downloaded on : Thu Nov 02 20:51:55 IST 2023 NEUTRAL CITATION R/CR.MA/19503/2023 ORDER DATED: 02/11/2023 undefined are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section 320 CrPC is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 CrPC and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint under Section 482 CrPC is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment.
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 CrPC. Inherent power is of wide plenitude with no statutory limitation but it hasto 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. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without the Court."Page 4 of 5 Downloaded on : Thu Nov 02 20:51:55 IST 2023
NEUTRAL CITATION R/CR.MA/19503/2023 ORDER DATED: 02/11/2023 undefined
8. Having heard learned advocates on both the sides and considering the facts and circumstances of the case, in the opinion of this Court, the further continuation of criminal proceedings against the applicant in relation to the impugned FIR would cause unnecessary harassment to the applicant. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..
9. In the result, the application is allowed. The impugned complaint being C.R. No. 11191010230521 of 2023 registered with Madhupura Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein.
10. Rule is made absolute. Direct service is permitted.
11. If the applicant are in jail, the jail authority concerned is directed to release the applicant forthwith, if not required in connection with any other case.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 5 of 5 Downloaded on : Thu Nov 02 20:51:55 IST 2023