Imran @ Bhano Lukmanbhai Ganja vs State Of Gujarat
2021 Latest Caselaw 4825 Guj

         R/SCR.A/1140/2021                                        ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CRIMINAL APPLICATION NO. 1140 of 2021

==========================================================
                   IMRAN @ BHANO LUKMANBHAI GANJA
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR. ASHOK A PUROHIT(6267) for the Applicant(s) No. 1
MR JAYKUMAR A CHAUDHARI(9914) for the Respondent(s) No. 2
MS. M.H. BHATT, APP for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                               Date : 30/03/2021

                                 ORAL ORDER

Rule. Learned APP waives service of notice of rule for and

on behalf of respondent­State and learned advocate Mr.

Jaykumar A. Chaudhari waives service of notice of rule for and

on behalf of respondent No.2.

By way of present application, applicant has prayed to

quash and set aside the complaint being CR No.

11190002200502 of 2020 registered with Botad Police Station,

Dist­Botad for the offence punishable under Sections 363, 366

and 376 of the Indian Penal Code and Sections 4, 6, 8 and 12

of the POCSO Act as well as proceedings arising therefrom qua

the present applicant.

R/SCR.A/1140/2021 ORDER

Heard learned advocates for the respective parties and

learned APP for the respondent­State.

Learned advocate for the applicant submits that after

lodging impugned complaint, compromise was taken place

between the parties amicably and dispute has now been

resolved. Learned advocate for the applicant has placed

reliance upon the judgments passed by this Court in Special

Criminal Application (Quashing) No.1156 of 2014 and

Criminal Misc. Application No.12160 of 2020. Hence, he has

requested to quash and set aside the impugned complaint.

Looking to the nature of the offence, as the applicant is

involved in the serious offence punishable under Section 376

of the Indian Penal Code, therefore, learned APP for the

respondent­State has requested not to quash the complaint.

Learned advocate for the respondent no.2 has submitted

that compromise has been arrived at amicably between the

applicant and the respondent no.2 and victim girl and in this

connection,the respondent no.2 and victim girl have filed their

affidavits declaring that compromise arrived at between the

R/SCR.A/1140/2021 ORDER

parties and they have no objection if the complaint filed

against present applicant is quashed.

On a request being made by learned advocate for the

respondent No.2, respondent no.2­ Rasidaben W/o Baudinbhai

Sulemanbhai Sidatar and victim girl­Afsana Bavudinbhai

Sidatar were appeared through video conferencing. They have

confirmed that dispute is amicably settled with the present

applicant. They have filed their affidavits under their

signatures and admitted the contents averred in the affidavits

are correct and true and contents of the affidavits filed by the

respondent No.2 and victim girl are reproduced as under:

Affidavit of the Respondent No.2

2. I state that after filing the complaint (FIR), the relative and friends of both the parties have intervene and before the relatives and friends, the matter has been amicably settled between the parties as the petitioner and the my daughter is in love and affair and therefore it is decided that the marriage of petitioner and my daughter would be solemnized as per our custom and religion for maintain the good and healthy relation between the parties and maintain the reputation of both the parties in the society and hence the matter is amicably settled and me and my family doesn't want

R/SCR.A/1140/2021 ORDER

to continue the said FIR and now no any grievance remains with accused.

3. I further state that as the matter is settled between us and marriage of petitioner and my daughter would take place and therefore, there is no purpose to continue with the FIR. AFFIDAVIT OF VICTIM GIRL

1. That my mother has filed an FIR being C.R. No.11190002200502/2020 registered with Botad Police Station, Botad, for the offences punishable under Section 363 and 366 of the Indian Penal Code and under Section 8 and 12 of POSKO Act and thereafter Section 376 of IPC and section 4 and 6 of POSKO Act is added against present petitioners.

2. I state that after filing the complaint (FIR), the relative and friends of both the parties have intervene and before the relatives and friends, the matter has been amciably settled between the parties as the petitioner and me is in love and affair and therefore it is decided that the marriage of petitioner and me would be solemnized as per custom and religion for maintain the good and healthy relation between the parties and maintain the reputation of both the parties in the society and hence the matter is amicably settled and me and my family doesn't want to continue the said FIR and now no any grievance remains with accused.

3. I further state that as the matter is settled between us and marriage of petitioner and me has been solemnized on 20.02.2021 and the documents of marriage has been placed before this honorable court and therefore, there is no purpose

R/SCR.A/1140/2021 ORDER

to continue with the FIR.

Learned advocate for the respondent no.2 has

identified the respondent no.2 and victim girl as well as

their signatures in their affidavits. Respondent no.2 and

victim girl have stated before this Court that compromise

has been arrived at with the applicant and the respondent

no.2 and victim girl have no objection if the impugned

complaint is quashed by the Court.

While deciding whether to exercise its power under

Section 482 of the Code or not, timings of settlement play a

crucial role. Those cases where the settlement is arrived at

immediately after the alleged commission of offence and the

matter is still under investigation, the High Court may be

liberal in accepting the settlement to quash the criminal

proceedings/investigation. Likewise, those cases where the

charge is framed but the evidence is yet to start or the evidence

is still at infancy stage, the High Court can show benevolence

in exercising its powers favourably.

This Court has considered the fact that nature of the

R/SCR.A/1140/2021 ORDER

offence is private and do not have a serious impact from the

society. Considering the nature of the offence and settlement

arrived at between the parties including the complainant/first

informant, this Court is required to consider the prayer made

by the accused.

Considering the submissions made by learned advocate

for the applicant, learned advocate for the respondent no.2 as

well as learned APP for the respondent­State, it appears that as

per the contents of affidavits of the respondent no.2 and victim

girl, compromise has been arrived at between the applicant

and respondent no.2 and victim girl, and therefore, the

complaint being CR No. 11190002200502 of 2020 registered

with Botad Police Station, Dist­Botad for the offence

punishable under Sections 363, 366 and 376 of the Indian

Penal Code and Sections 4, 6, 8 and 12 of the POCSO Act as

well as proceedings arising therefrom stands quashed and set

aside qua present applicant.

Present application stands allowed and accordingly,

stands disposed of.

R/SCR.A/1140/2021 ORDER

In view of the aforesaid quashment of the FIR, the

present applicant shall be released on bail forthwith if he is not

required in any other offence.

Rule is made absolute to the aforesaid extent.

Registry shall forward a copy of this order to the

concerned Jail Authorities as well concerned Court through fax

or e­mail forthwith.

(B.N. KARIA, J) SUYASH