Gujarat High Court
Amratbhai Shivabhai Patel vs State Of Gujarat on 7 August, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
R/CR.MA/19501/2015 JUDGMENT DATED: 07/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19501 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE J. C. DOSHI
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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AMRATBHAI SHIVABHAI PATEL & 1 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR APURVA R KAPADIA(5012) for the Applicant(s) No. 1,2
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/08/2023
ORAL JUDGMENT
1. Rule. Learned APP waives service of rule on behalf of
respondent no.1 and learned advocate Mr. Pratik Jasani waives
service of rule on behalf of respondent no.2.
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R/CR.MA/19501/2015 JUDGMENT DATED: 07/08/2023
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2. By way of this petition, prayer is made to quash quash FIR
being C.R.No.I-135 of 2015 registered on 29.09.2015 for the
offence punishable under sections 306, 498(A) and 114 of IPC
with Dahod Town Police Station.
3. The prayer is made limited to present petitioners only.
Other accused - Dilipkmar of the offence is husband of the
deceased.
4. During arguments, learned advocate Mr. Kapadia for the
petitioners would submit that since the parties have settled their
dispute outside the Court, the grievance made in the Sessions
Case No.203 of 2015 which arose against main accused -
Dilipkumar has resulted into order of acquittal. Learned
advocate Mr. Kapadia would bring to the notice of this Court
that original complainant i.e. father of the deceased as well as
mother and brother of the deceased turned hostile during trial of
Sessions Case No.203 of 2015 and did not support the case of
the prosecution. Such contention has weighed the learned
Sessions Judge to acquit the main accused who is husband of
the deceased. He would submit that considering role of the
petitioners who are mother and father of the main accused and
in-laws of the deceased, allowing FIR to roll out into Sessions
Case would be futile exercise. Therefore, he submits to quash
and set aside the FIR.
5. Learned advocate Mr. Pratik Jasani for respondent no.2 in
utter fairness would submit that complainant has chosen not to
raise grievance as the parties have settled the dispute. He has
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R/CR.MA/19501/2015 JUDGMENT DATED: 07/08/2023
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also placed on record affidavit of respondent no.2 along with
Vakalatnama which is taken on record. Thus, he would submit
to pass necessary order. Affidavit filed by respondent no.2
indicates following :-
"1. I say that because of temperamental difference with
the petitioner, I have filed the FIR against the petitioners
which came to be registered with Dahod Police Station
being C.R.No.-I-135 of 2015 (for short "the FIR") for the
offence punishable u/s. 306, 498(A) and 114 of Indian
Penal Code.
2. I say that since the dispute out of which the criminal
proceedings have arisen have been compromised between
myself and the petitioners herein and accordingly, I
therefore, most humbly pray before this Hon'ble Court to
quash and set aside the aforesaid FIR lodged by me against
and qua the petitioner and grant the reliefs as prayed for
in the petition.
3. I say that I am filing present affidavit and the petition
for quashing of FIR lodged by me as the disputes out of
which the criminal proceedings had arisen have been
compromised upon the intervention of the elder members
of the family and therefore, to secure ends of justice, FIR
may be quashed and set aside qua the petitioners."
6. Learned APP in this given circumstances joining
submission of learned advocate Mr. Pratik Jasani has requested
to pass necessary order.
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7. Main accused - Dilipkumar has been acquitted by the
learned Sessions Court. Perusing the FIR, it appears that main
allegation of ill-treatment and abatement as well as of instigation
are made against main accused - Dilipkumar. Perusing the
judgment passed in Sessions Case No.203 of 2015 would
indicate that original complainant as well as his family members
who are parents and brother of the deceased did not support the
prosecution case and turned hostile, resulting into acquittal of
main accused. The allegation of ill treatment and abatement
made in the FIR and charge sheet papers remain un-buttressed.
Said fact is also supported by the affidavit of original
complainant, contents of which are placed herein above.
8. Having heard the learned counsel 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
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) as well as State of
Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears
that further continuation of criminal proceedings in relation to
the impugned FIR against the petitioners would be unnecessary
harassment to the petitioners. 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
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Court and hence, to secure the ends of justice, the impugned
FIR and other consequential proceedings are required to be
quashed and set aside in exercise of powers conferred under
Section 482 of the Code.
9. In the result, present Criminal Misc. Application is allowed
and FIR being C.R.I-135 of 2015 registered with Dahod Town
Police Station as well as all other consequential proceedings
arising out of the same are hereby quashed and set aside. Rule
is made absolute. Direct service is permitted.
(J. C. DOSHI,J)
SATISH
