Rathod Rakeshkumar Amaratji vs State Of Gujarat
2023 Latest Caselaw 8110 Guj

                                                                                  NEUTRAL CITATION




     R/SCR.A/14620/2023                              ORDER DATED: 07/11/2023

                                                                                   undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14620 of 2023

==========================================================
                          RATHOD RAKESHKUMAR AMARATJI
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR. YOGENDRA THAKORE(3975) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                 Date : 07/11/2023

                                  ORAL ORDER

1. Learned advocate Mr. Dipen Chaudhari states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties.

2. Rule. Learned advocates waive service of note of rule on behalf of the respective respondents.

3. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.

4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the complaint being C.R.I-No.11206074230582 of

NEUTRAL CITATION

R/SCR.A/14620/2023 ORDER DATED: 07/11/2023

undefined

2023 registered with Vijapur Police Station for the offences under Sections 376(2)(n), 114 of Indian Penal Code, sections 5(j), 2, 6, 12, 17 of POCSO Act and all the consequential proceedings arising therefrom.

5. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has filed an Affidavit, which is on record.

5.1 The complainant has further stated that that as the dispute with the applicant has been resolved amicably, he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.

5.2 In view of the above, the allegations made in the impugned FIR would no longer survive and the discretion requires to be exercised in favour of the applicant.

6. What more appears that the complainant has taken back the allegations against the accused. In that circumstances, criminal case against the accused become non-effective. At this juncture, I may refer to the judgment of Madan Mohan Abbot vs. State of Punjab reported in [2008] 4 SCC 582. Observations in paragraph 6 is relevant which reads thus:

"[6] We need to emphasis that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts,

NEUTRAL CITATION

R/SCR.A/14620/2023 ORDER DATED: 07/11/2023

undefined

grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and benefit of the technicalities of the law".

7. In view of above, in the opinion of this Court, the further continuation of criminal proceedings against the applicant in relation to the impugned FIR would cause unnecessary harassment to the applicants. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..

8. In the result, the application is allowed. The impugned complaint being C.R.I-No.11206074230582 of 2023 registered with Vijapur Police Station, Mehsana as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein. If the applicant is in jail, the jail authority concerned is directed to release the applicant forthwith, if not required in connection with any other case. Rule is made absolute. Direct service is permitted.

(ILESH J. VORA,J) SATISH