Sharadchandra Manshukhlal Shah vs The State Of Gujarat
2021 Latest Caselaw 13795 Guj

     R/CR.MA/11988/2018                                    ORDER DATED: 13/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 11988 of 2018

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                    SHARADCHANDRA MANSHUKHLAL SHAH
                                  Versus
                      THE STATE OF GUJARAT & 1 other(s)
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Appearance:
SHRENIK R JASANI(9486) for the Applicant(s) No. 1
MR BOMI H SETHNA(5864) for the Respondent(s) No. 2
MS MONALI BHATT, APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                   Date : 13/09/2021

                                    ORAL ORDER

1. Rule. Learned APP and Mr. Bomi H. Sethna, learned advocate waives service of notice of rule on behalf of the respective respondents.

2. Original complainant Biren Natvarlal Shah has filed his affidavit. Accordingly, with consent of both the sides, the matter is heard finally.

3. By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed to quash and set aside, on the basis of settlement, the impugned complaint being FIR No.I-272 of 2004 registered with Navrangpura Police Station, Ahmedabad for offences punishable under Sections 406 and 420 of the Indian Penal Code and all the consequential proceedings initiated in pursuance thereof.

R/CR.MA/11988/2018 ORDER DATED: 13/09/2021

4. Learned advocate for the petitioner submitted that the parties have settled the dispute amicably outside the Court and therefore, there remains no ill-will or dispute between them. It was, therefore, prayed that the impugned complaint may be quashed on the basis of settlement between the parties.

4.1. Learned advocate for the petitioner also submitted that there were monetary issues between the parties and counter FIR being I-CR No.117 of 2004 registered with Ellisbridge Police Station, Ahmedabad for the offences punishable under Sections 365, 364(B), 323, 506(2) and 120(B) of the Indian Penal Code is also quashed by this Court vide order dated 28/06/2016.

5. Learned advocate for the respondent-original complainant has affirmed about the factum of settlement of dispute with the petitioner and has also filed an affidavit to that effect, which is on record. Before the Court and in affidavit also, he has consented to the quashment of the impugned complaint filed against the petitioner. In the affidavit filed by respondent original complainant, it is stated as under:

"1. I state that I am the original complainant of the FIR registered vide C.R.I-272 of 2004 with the Navrangpura Police Station, Ahmedabad City which was registered against the applicant herein. I state that upon conclusion of the investigation the charge sheet came to be submitted and the case came to be numbered as Criminal Case No.1628 of 2006 which is pending before the Metropolitan Magistrate Court no.14, Gheekanta, Ahmedabad.

R/CR.MA/11988/2018 ORDER DATED: 13/09/2021

2. After filing of the complaint we have amicable decided to resolve all the issues and for that very reason I see no justification in proceeding further with the case. The disputes have been settled amicably between us. Therefore I have no grievance whatsoever with the applicant herein.

3. I also state that since the dispute between us has arisen were personal in nature and the matter is settled between the parties, therefore continuing with the complaint would only amount to misuse of the process of Court. I also state that continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between us is put to an end and peace is restored; securing the ends of justice begin the ultimate guiding factor.

4. I therefore submit that I am jointly praying with the applicant to quash the impugned complaint and the further proceedings thereto i.e. Criminal Case No.1628 of 2006 which is pending before the Metropolitan Magistrate Court no.14, Gheekanta, Ahmedabad and I jointly pray to allow the petition and grant the relief's as prayed for in the present petition."

6. Learned APP submitted that any first information report should be quashed in accordance with the guidelines framed by the Apex Court and the parameters laid down therein.

7. This Court heard learned advocates on both the sides and perused the material on record. The offence alleged against the petitioner is non-compoundable but, it could be compounded with the permission of the Court. In Gian Singh v. State of Punjab and another reported in 2012 (10) SCC 303, the Apex Court has set out the criteria wherein the inherent jurisdiction of the High Court could be exercised for quashing a First Information Report on the basis of settlement. In paragraph-61 of the said judgment, it has been observed thus:

R/CR.MA/11988/2018 ORDER DATED: 13/09/2021

"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 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 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 the case of State of Madhya Pradesh v. Laxmi Narayan and others reported in (2019) 5 SCC 688, the Apex Court had the occasion to consider the issue as to whether a First Information Report lodged for the offences punishable under sections 307 and 34 IPC could be quashed on the basis of settlement between the parties. Para-13 reads thus:

R/CR.MA/11988/2018 ORDER DATED: 13/09/2021

"13. 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: (i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the noncompoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, 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; (ii) 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; (iii) similarly, such power is not to be exercised for the offences under the special statutes like 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;

(iv) 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. 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/delegate 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 paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; (v) 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 impart on 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."

9. In the present case, the parties have settled the dispute outside the Court. Therefore, there exists no scope for further proceedings in the matter and the continuance of proceedings would lead to wastage of precious judicial time. Hence, the

R/CR.MA/11988/2018 ORDER DATED: 13/09/2021

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.

10. In the result, the petition is allowed. The impugned complaint being FIR No.I-272 of 2004 registered with Navrangpura Police Station, Ahmedabad for offences punishable under Sections 406 and 420 of the Indian Penal Code and all the consequential proceedings initiated in pursuance thereof are quashed and set aside. Rule is made absolute.

Direct service is permitted.

( GITA GOPI, J ) ila