Gujarat High Court
Bhurabhai Ambalal Parmar vs Patel Kiranbhai Amratbhai on 31 August, 2023
Bench: Hasmukh D. Suthar
NEUTRAL CITATION
R/CR.RA/1092/2023 ORDER DATED: 31/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1092 of 2023
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BHURABHAI AMBALAL PARMAR
Versus
PATEL KIRANBHAI AMRATBHAI
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Appearance:
K T BELADIYA(9101) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 31/08/2023
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor as well
as learned advocate appearing for the Complainant waive
service of Rule on behalf of the respective respondents.
2. 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
applicant and respondent No.2 has been resolved
amicably, this application is taken up for final disposal
forthwith since parties have settled the dispute as
alleged offence is bailable and compoundable.
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R/CR.RA/1092/2023 ORDER DATED: 31/08/2023
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3. By way of this application under Section 397 read
with Section 401 of the Code of Criminal Procedure,
1973 (hereinafter referred to as "the Code"), the applicant
has prayed for quashing and setting aside the order
dated 11.04.2023 passed by the learned Additional Senior
Civil Judge & Chief Judicial Magistrate, Bayad in
Criminal Case No.1973 of 2015, whereby the Trial Court
has pleased to pass an order of conviction and sentence
of 1 year of SI and order to pay fine of Rs.13,10,570/-
and ID, he has to undergo further SI for the 3 months.
The said order is assailed before the learned additional
Sessions Judge, Aravalli @ Modasa by way of
impugned Judgment and order of sentence dated
nd
18.08.2023 passed by 2 Additional Sessions Judge,
Aravalli @ Modasa in Criminal Appeal No. 106 of 2023.
The said appeal came to be dismissed and the order of
conviction has been confirmed and upheld by the
Additional Sessions Judge. Hence, this Revision
Application is filed.
4. 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
NEUTRAL CITATION
R/CR.RA/1092/2023 ORDER DATED: 31/08/2023
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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.
4.1. Learned advocate appearing for the applicant states
th
that the applicant is in jail since 18 August, 2023 and
matter is settled between the parties.
5. 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
present application may be rejected.
6. Ms.D.P. Mishra learned advocate for the respondent
No.2 has received instructions to appear on behalf of the
original-complainant. She has file her appearance before
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R/CR.RA/1092/2023 ORDER DATED: 31/08/2023
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the Registry. Learned advocate Ms.Mishra placed on
record the affidavit of the complainant, which is ordered
to be taken on record.
6.1. 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 Patel Kiranbhai Amratbhai dated 31.08.2023.
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.
7. At the outset, learned advocates for the respective
parties have jointly submitted that matter is settled and
now the original complainant does not wants to pursue
for the further litigation as complainant and applicant
have settled the matter and in this regard, affidavit of
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R/CR.RA/1092/2023 ORDER DATED: 31/08/2023
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respondent No.2 has been placed, which is taken on
record. The contents of the affidavit is also admitted by
the original complainant. Even complainant has remained
present before this Court and stated that he has no
objection if the conviction recorded by the learned Trial
Court as well as Appellate Court is set aside.
8. Considering the fact that as under Section 147 of
the Negotiable Act, offence is compoundable and
permissible to settle the dispute at any stage, permission
to settle the dispute is required to be allowed. However,
the revisionist has settled the dispute at the level of
High Court after the confirmation by the appellate Court,
the present application may be allowed. Considering the
amount of cheque is Rs.6,00,000/- and awarded
compensation amount is about Rs.13,00,000/- and as the
accused is farmer and having no any financial source,
this Court has considered the said aspect as offence is
compoundable and bailable. Considering the fact that as
applicant has also deposited an amount of Rs.1,31,057/-
before the Court of Sessions Judge, the present
Revisionist has no objection, if the said amount is paid
to the complainant. Nazir of concerned District Court is
directed to pay the amount deposited pursuant to the
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order passed by the learned Additional Sessions Judge in
Criminal Appeal No.106 of 2023 vide Receipt No.4642242
after due and proper verification to the complainant.
9. Having heard the learned advocates appearing for
the respective parties, considering the facts and
circumstances arising out of the present application and
considering the decision rendered in case of Damodar S.
Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC
663, it appears that further continuation of criminal
proceedings in relation to the impugned proceeding
against the applicant would be unnecessary harassment
to the applicant.
10. 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.
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R/CR.RA/1092/2023 ORDER DATED: 31/08/2023
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11. Resultantly, this application is allowed. The order
dated 11.04.2023 passed by the learned Additional Senior
Civil Judge & Chief Judicial Magistrate, Bayad in
Criminal Case No.1973 of 2015 as well as impugned
Judgment and order of sentence dated 18.08.2023 passed
nd
by 2 , Additional Sessions Judge, Aravalli @ Modasa in
Criminal Appeal No. 106 of 2023 stand quashed and set
aside qua the applicant, subject to deposit 15% of the
amount of cheque before the Gujarat High Court Legal
Services Committee within a period of 10 days.
13. On compliance of the said order, the applicant shall
be released on bail, if his presence is no longer required
in any other criminal offence.
14. The present application is allowed qua applicant.
Rule is made absolute
Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
