Nikhilbhai Pravainbhai Dodhiya vs State Of Gujarat

Gujarat High Court

Nikhilbhai Pravainbhai Dodhiya vs State Of Gujarat on 30 January, 2025

                                                                                                                      NEUTRAL CITATION




                              R/SCR.A/921/2025                                         ORDER DATED: 30/01/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 921 of 2025

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                                                 NIKHILBHAI PRAVAINBHAI DODHIYA
                                                              Versus
                                                    STATE OF GUJARAT & ANR.
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                       Appearance:
                       NABIL O BLOCH(7953) for the Applicant(s) No. 1
                       MR MANAN MEHTA, APP for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                         Date : 30/01/2025

                                                             ORAL ORDER

1. Learned advocate Mr.Priyank V Pandya states that he has instructions to appear for respondent-complainant. He is permitted to file his Vakalatnama in the Registry within three working days from today and the Registry shall accept the same. He has produced affidavit of the complainant, which is ordered to be taken on record.

2. Learned advocates for the parties have drawn the attention of this Court to the affidavit of the complainant.

The Respondent-complainant is present before the Court and admits the correctness and genuineness of the affidavit filed through the learned advocate. Learned advocate Mr.Pandya identifies the respondent-complainant and confirms correctness and genuineness of the affidavit.

NEUTRAL CITATION R/SCR.A/921/2025 ORDER DATED: 30/01/2025 undefined

3. Rule returnable forthwith. Learned A.P.P. and learned advocate Mr.Pandya waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of present proceedings on the premise of settlement.

4. With the consent of learned advocate for the applicants and learned advocate for respondents, present petition is taken up for final disposal today.

5. By way of the present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (`BNSS' for short), the petitioner/s prays to quash and set aside the order dated 16.7.2024 passed in Criminal Case No.5021 of 2023 by the learned 7 th Additional Chief Judicial Magistrate, Jamnagar and consequential/subsequent proceedings, if any, arising therefrom.

6. Heard learned advocates.

7. Learned advocate for the petitioner/s has taken this Court through the factual matrix arising out of the present application.

NEUTRAL CITATION R/SCR.A/921/2025 ORDER DATED: 30/01/2025 undefined

8. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission made at the bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement duly signed by the complainant.

9. Since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by the original complainant through learned advocate, in view of the judgment in the case of State of Madhya Pradesh versus Laxmi Narayan reported in (2019) 5 SCC 688, more particularly, paragraph 15, this Court is of the opinion that in the peculiar facts and circumstances of the present case, when the parties have arrived at settlement of dispute, the matter requires consideration for quashing of criminal proceedings without entering into further technicalities of the matter. Paragraph 15 reads as under:

"15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:

15.1.That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, Page 3 of 6 Uploaded by U. SRILATHA(HC00185) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 23:33:33 IST 2025 NEUTRAL CITATION R/SCR.A/921/2025 ORDER DATED: 30/01/2025 undefined particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

15.2.Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;

15.3.Similarly, such power is not to be exercised for the offences under the special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender;

15.4. Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves.

NEUTRAL CITATION R/SCR.A/921/2025 ORDER DATED: 30/01/2025 undefined However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge-sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paras 29.6 and 29.7 of the decision of this Court in Narinder Singh [Narinder Singh v. State of Punjab, (2014) 6 SCC 466 : (2014) 3 SCC (Cri) 54] should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove;

15.5 [Ed.: Para 15.5 corrected vide Official Corrigendum No. F.3/Ed.B.J./22/2019 dated 3-4-2019.] . While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impact on Page 5 of 6 Uploaded by U. SRILATHA(HC00185) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 23:33:33 IST 2025 NEUTRAL CITATION R/SCR.A/921/2025 ORDER DATED: 30/01/2025 undefined society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise, etc.",

10. Resultantly, this application is allowed. The order dated 16.7.2024 passed in Criminal Case No.5021 of 2023 by the learned 7 th Additional Chief Judicial Magistrate, Jamnagar and consequential/subsequent proceedings, if any, arising therefrom is hereby quashed and set aside.

11. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA Page 6 of 6 Uploaded by U. SRILATHA(HC00185) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 23:33:33 IST 2025