Nitin Vinaybhai Varma vs State Of Gujarat
2023 Latest Caselaw 8111 Guj

                                                                               NEUTRAL CITATION




     R/CR.MA/18793/2023                           ORDER DATED: 07/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 18793 of 2023

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                          NITIN VINAYBHAI VARMA
                                   Versus
                            STATE OF GUJARAT
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Appearance:
MR IMTIYAZ I MANSURI(9159) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR SHAILESH M AHIR(9999) for the Respondent(s) No. 2,3
MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 07/11/2023

                              ORAL ORDER

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

2. 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.

3. 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.No.11196013220034 of 2022 registered with Sama Police Station, Vadodara for the offences under Sections 363, 366 and 376(2)(n) of Indian Penal Code, sections 4,8 and 12 of POCSO Act and all the consequential proceedings arising therefrom.

NEUTRAL CITATION

R/CR.MA/18793/2023 ORDER DATED: 07/11/2023

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4. 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 taken on record.

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

4.2 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.

5. 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, 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".

NEUTRAL CITATION

R/CR.MA/18793/2023 ORDER DATED: 07/11/2023

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6. 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..

7. In the result, the application is allowed. The impugned complaint being C.R.No.11196013220034 of 2022 registered with Sama Police Station, Vadodara 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