Tushar Rameshbhai Patel vs State Of Gujarat
2023 Latest Caselaw 1448 Guj

Citation : 2023 Latest Caselaw 1448 Guj
Judgement Date : 13 February, 2023

Gujarat High Court

Tushar Rameshbhai Patel vs State Of Gujarat on 13 February, 2023

Bench: Gita Gopi

     R/CR.MA/21934/2016                                      ORDER DATED: 13/02/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21934 of 2016

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                           TUSHAR RAMESHBHAI PATEL
                                    Versus
                          STATE OF GUJARAT & 1 other(s)
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Appearance:
MR UM SHASTRI(830) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
MS AGNEYA MANKAD for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                 Date : 13/02/2023

                                   ORAL ORDER

1. This application has been filed under

Section 482 of the Code of Criminal

Procedure, 1973 (hereinafter referred to as

"Cr.P.C.") for quashing and setting aside

the FIR bearing CR No.I-112/2016 registered

with Vidhyanagar Police Station, Anand for

offences punishable under Sections 363, 366

of the IPC and Section 18 of the Protection

of Children from Sexual Offences Act, 2012

as well as all subsequent proceedings

arising therefrom.

R/CR.MA/21934/2016 ORDER DATED: 13/02/2023

2. Learned advocate for the applicant submits

that the parties have settled the dispute

amicably outside the Court and that there

remains no grievance between them.

Therefore, in the larger interest of the

parties, the impugned FIR may be quashed and

set aside.

3. Learned Additional Public Prosecutor for the

respondent-State submitted that any FIR

should be quashed in accordance with the

guidelines of the Hon'ble Apex Court and the

parameters laid down therein. Learned APP

has submitted the police report on record.

4. The complainant is present before this Court

and is represented by learned advocate Ms.

Agneya Mankad. Let Vakalatnama be accepted

on record. The complainant is mother-

Ranjanben. She states that her daughter was

in relationship with the applicant and she

R/CR.MA/21934/2016 ORDER DATED: 13/02/2023

came to know that she, on her own wish, had

joined the applicant and had married him.

Marriage was registered before the Registrar

of Marriage at Taluka Pardi. She states that

out of the relationship, both are having a

child. A copy of the birth certificate of

the child is produced along with the

affidavit showing the date of birth as

28.2.2019. The girl herself has filed an

affidavit stating that she has delivered a

baby girl out of the relationship and

further stated that she on her own had left

the house and joined the applicant. She has

further stated in the affidavit that now

there is no grievance between them and

continuation of FIR would rather affect the

parties. The Court verified the contents of

the compromise with the original

complainant-respondent no.2 who is present

before the Court. The original complainant

R/CR.MA/21934/2016 ORDER DATED: 13/02/2023

affirmed the affidavit, wherein terms of

settlement have been recorded. The original

complainant categorically stated that the

complainant has no grievance against the

applicant and that the complainant has no

objection to the quashment of the impugned

FIR.

5. Considering the principle laid down by the

Apex Court in the case of Gian Singh v. State

of Punjab and another reported in (2012) 10

SCC 303, the present matter would fall under

the criteria laid down therein. In paragraph-

61 of the said judgment, it has been observed

thus:-

"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

R/CR.MA/21934/2016 ORDER DATED: 13/02/2023

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

R/CR.MA/21934/2016 ORDER DATED: 13/02/2023

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

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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."

6. In view of the discussions made hereinabove

and in view of the settlement arrived at

between the parties, there exists no scope

for any further proceeding in the matter. The

continuance of proceedings would lead to

wastage of precious judicial time as there

would remain no possibility of any conviction

in the case. Hence, the 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.