Gujarat High Court
Parsottambhai Ghunsabhai ... vs State Of Gujarat on 31 March, 2021
Bench: Vaibhavi D. Nanavati
R/CR.MA/19399/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19399 of 2020
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PARSOTTAMBHAI GHUNSABHAI SORATHIA
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1,2,3,4,5
MR Y J PATEL(3985) for the Respondent(s) No. 2
MS.NISHA THAKORE, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 31/03/2021
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as "the Code"), the applicants
have prayed for quashment of F.I.R. being C.R.No.11213030200588 of
2020 registered with Lodhika Police Station, Rajkot (Rural) for the
commission of offence punishable under Sections 307, 392, 324, 325,
323, 504, 427, 143, 147, 148, 149 of the Indian Penal Code and
sections 37 (1) and 135 of the Gujarat Police Act and all other
consequential proceedings arising out of the aforesaid FIR qua the
applicants.
2. Heard the learned advocate Mr. Pratik Jasani for the applicants, learned
APP Ms.Nisha Thakore for the respondent - State and Mr. Y.J.Patel
for the respondent no.2 - original complainant.
3. Learned advocate for the applicants has taken this Court through the
factual matrix arising out of the present application. He submitted that
respondent No.2 has filed an affidavit in these proceedings and has
R/CR.MA/19399/2020 ORDER
declared that the dispute between the applicants and respondent No.2 is
resolved and the respondent no.2 has no objection if the FIR in
question is quashed. He 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 inherent
powers conferred under Section 482 of the Code and allow the
application as prayed for.
4. Learned advocate Mr. Pratik Jasani for the applicant submitted that in
view of the judgment rendered by the Hon'ble Apex Court in the case
of Gian Singh V/s. State of Punjab reported in (2012) 10 SCC 303, it
has been held that where the offences alleged are private in nature, in
the event the parties desired to settle the dispute,the same may be
quashed. He has relied upon the following decisions:-
(1) Hemant Bhagwanji Mishra V/s. State of Gujarat passed in
Criminal Misc. Application No.12275 of 2019
(2) Lataben Jiteshbhai Lathiya V/s. State of Gujarat passed in
Criminal Misc. Application No.10288 of 2020
(3) Rajendrasinh Dilubha Zala V/s. State of Gujarat passed in
Criminal Misc. Application No.7463 of 2020
(4) Karshanbhai Manjibhai Rajput and others V/s. State of Gujarat
passed in Criminal Misc. Application No.8633 of 2020
5. Learned Additional Public Prosecutor appearing for the respondent-
State submits that offence is registered against the applicants are under
section 307 of the Indian Penal Code and therefore, considering the
decision of Hon'ble Apex Court in the case of the State of Madhya
Pradesh V/s. Laxmi Narayan and Ors. reported in AIR 2019 SC 1296,
this application may not be entertained.
R/CR.MA/19399/2020 ORDER
6. Learned advocate for the respondent no.2 has reiterated the contentions
raised by the learned advocate for the applicants. The complainant -
Dilipbhai Bhikhbhai Panti is present through video conference and he
is duly identified by learned advocate Mr.Narendrasinh Zala. The
affidavit of the respondent no.2 - complainant is ordered to be taken on
record. In the affidavit, the complainant stated that disputes and
grievances of both the sides have been amicably settled and he does not
wish to proceed further with the impugned compliant and he has no
objection if the complaint is quashed. It is therefore submitted that the
present application may be allowed.
7. Regard being had to the above submissions and looking to the facts and
circumstances and more particularly, the factum of compromise
admitted by the complainant and considering the nature of disputes
between the parties which are all private in nature, this Court is of the
opinion that the matter requires consideration. It appears that the trial
would be futile and further continuance of the proceedings pursuant to
the impugned FIR would amount to abuse of process of law and hence,
to secure the ends of justice, the impugned FIR is required to be
quashed and set aside in exercise of powers conferred under Section
482 of the Code.
8. Resultantly, this application is allowed and the impugned F.I.R. being
C.R.No.11213030200588 of 2020 registered with Lodhika Police
Station, Rajkot (Rural) is hereby quashed and set aside qua the
applicants. Consequently, all other proceedings arising out of the
aforesaid F.I.R. are also quashed and set aside qua the applicants.
9. The applicants to pay cost of Rs.1000/- each before the Gujarat State
Legal Service Authority.
R/CR.MA/19399/2020 ORDER
10.It is clarified that this Court has not assessed merits of the matter.
However, impugned FIR is quashed pursuant to the amicable
settlement arrived at between the parties.
Direct service is permitted.
(VAIBHAVI D. NANAVATI,J)
VARSHA DESAI
