Gujarat High Court
Gopalbhai Jayantilal Selani vs State Of Gujarat on 28 July, 2022
Bench: Samir J. Dave
R/CR.RA/1701/2019 ORDER DATED: 28/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1701 of 2019
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GOPALBHAI JAYANTILAL SELANI
Versus
STATE OF GUJARAT
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Appearance:
MR ANAND B GOGIA(5849) for the Applicant(s) No. 1
MR BB GOGIA(5851) for the Applicant(s) No. 1
MS MUSKAN A GOGIA(6624) for the Applicant(s) No. 1
MALAV M MULANI(8844) for the Respondent(s) No. 2
MS MH BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 28/07/2022
ORAL ORDER
1. Heard learned counsel for the respective parties.
Mr. M.M. Mulani learned advocate for the respondent
No.2 placed on record the affidavit of the complainant-
respondent No.2, which is ordered to be taken on record.
2. Rule. Learned Additional Public Prosecutor as well
as learned advocate appearing for the Complainant waive
service of Rule on behalf of the respective respondents.
3. Considering the issue involved in the present
application and with consent of the learned advocates
appearing for the respective parties as well as
considering the fact that the dispute amongst the
R/CR.RA/1701/2019 ORDER DATED: 28/07/2022
applicant and respondent No.2 has been resolved
amicably, this application is taken up for final disposal
forthwith.
4. By way of the present application, the applicant
has prayed as under :
"7. A. YOUR LORDSHIPS may be pleased to
admit and allow the present petition.
B. YOUR LORDSHIPS may be pleased to quash and
set aside the Judgment dated 02.12.2019 in
Criminal Appeal No. 256/2018 passed by Learned
14th Additional Sessions Judge Rajkot and
Judgment dated 27.09.2018 in Criminal Case No.
11921/2016 by Ld. 4th Addl. Chief Judicial
Magistrate (Neg.), Rajkot may be quashed and set
aside.
C. Pending admission, hearing and final disposal of
this petition, be pleased to stay the operation,
effect and implementation of impugned Judgment
dated 27.09.2018 in Criminal Case No.11921/2016
convicting the Applicant Passed by learned 4th
Additional Chief Judicial Magistrate Rajkot; and
Judgment dated 02.12.2019 passed by Learned 14%
Additional Sessions Judge Rajkot confirming the
conviction in Criminal Appeal No. 256/2018 as
Annexure A & B respectively herein.
D. Any other relief, order or direction which may
be just, fit proper, and equitable in the facts and
circumstances of the petition."
R/CR.RA/1701/2019 ORDER DATED: 28/07/2022
5. Learned advocate for the applicant has taken this
Court through the factual matrix arising out of the
present application. At the outset, it is submitted that
the parties have amicably resolved the issue and
therefore, any further continuance of the proceedings
pursuant to the Criminal Case as well as any further
proceedings arising therefrom would create hardship to
the applicant. It is 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 powers
conferred under Section 397 read with Section 401 of the
Code and allow the application as prayed for.
5.1. Mr. A.B. Gogia, learned advocate appearing for the
applicant states that the amount of cheque so
dishonoured is already paid to the complainant and the
matter is settled between the parties.
6. Learned Additional Public Prosecutor appearing for
the State has opposed the present application and
submitted that considering the seriousness of the offence,
the complaint in question may not be quashed and the
R/CR.RA/1701/2019 ORDER DATED: 28/07/2022
present application may be rejected.
7. Learned advocate for respondent No.2 has
reiterated the contentions raised by the learned advocate
for the applicant. The learned advocate for respondent
No.2 also relied upon the affidavit filed by respondent
No.2 - Dineshbhai Jasubhai Thakkar dated 07.04.2022.
Respondent No.2 is present in person before the Court
and is identified by learned advocate for respondent
No.2. On inquiry made by the Court, respondent No.2
has declared before this Court that the dispute between
the applicant and the respondent No.2 is resolved due to
intervention of trusted persons of the society and
therefore, now the grievance stands redressed. It is
therefore submitted that the present application may be
allowed.
8. Having heard the learned advocates appearing for
the respective parties, considering the facts and
circumstances arising out of the present application as
well as taking into consideration the decisions rendered
in the cases of Gian Singh Vs. State of Punjab & Anr.,
reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs.
State of Punjab, reported in (2008) 4 SCC 582, Nikhil
R/CR.RA/1701/2019 ORDER DATED: 28/07/2022
Merchant Vs. Central Bureau of Investigation & Anr.,
reported in 2009 (1) GLH 31, Manoj Sharma Vs. State
& Ors., reported in 2009 (1) GLH 190 and Narinder
Singh & Ors. Vs. State of Punjab & Anr. reported in
2014 (2) Crime 67 (SC), it appears that further
continuation of criminal proceedings in relation to the
impugned proceeding against the applicant would be
unnecessary harassment to the applicant. I have also
considered the latest decision of the Hon'ble Supreme
Court in the case of Parbatbhai Aahir @ Parbatbhai
Bhimsinhbhai Karmur and others v. State of Gujarat,
Criminal Appeal No.1723 of 2017 dated 4.10.2017 and
the guidelines issued by the Hon'ble Supreme Court in
the said decision, particularly paragraph 15. Considering
the nature of disputes between the parties which are all
private in nature, I am of the opinion that the matter
requires consideration. It appears that the trial would
be futile and further continuance of the proceedings of
Criminal Case would amount to abuse of process of law
and hence, to secure the ends of justice, the Criminal
Case is required to be quashed and set aside in exercise
of powers conferred upon this Court.
R/CR.RA/1701/2019 ORDER DATED: 28/07/2022
9. Resultantly, this application is allowed. The
impugned order dated 27.09.2018 passed by the learned
th
4 Additional Chief Judicial Magistrate, Rajkot in
Criminal Case No.11921 of 2016 and impugned Judgment
th
and order dated 02.12.2019 passed by the 14 Additional
Sessions Judge, Rajkot in Criminal Appeal No. 256 of
2018 stand quashed and set aside qua the applicant.
The present application is allowed. Rule is made
absolute.
10. The original - complainant is permitted to withdraw
the amount of Rs.2,10,000/-, which is deposited before the
Appellate Court.
Direct service is permitted.
(SAMIR J. DAVE,J)
KUMAR ALOK
