Gujarat High Court
Nirmal Maheshbhai Patel vs State Of Gujarat on 18 October, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
R/SCR.A/13702/2023 ORDER DATED: 18/10/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 13702 of 2023
==========================================================
NIRMAL MAHESHBHAI PATEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
DR. HIREN S SOMAIYA(8031) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 18/10/2023
ORAL ORDER
1. Learned advocate Ms. Dixa Pandya states that she has
instructions to appear on behalf of the original complainant and
thereby, seeks permission to file her 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 FIR No.I-42 of 2017 registered
NEUTRAL CITATION
R/SCR.A/13702/2023 ORDER DATED: 18/10/2023
undefined
with Anand Rural Police Station, Anand for the offences under
Sections 307, 323, 325, 504, 143 and 147 of Indian Penal Code,
section 135 of GP 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 also filed an Affidavit, which is taken
on record. In the Affidavit, the original complainant has
categorically stated that the dispute with the applicant has been
resolved amicably and that he has no objection, if the present
proceedings are quashed and set aside since there is no
surviving grievance between them.
6. Having heard learned advocates on both the sides and
considering the facts and circumstances of the case as also the
principle laid down by the Apex Court in the cases of - (i) Gian
Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC
303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in
(2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of
Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj
Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v)
Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in
2014 (2) Crime 67 (SC), 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 applicant. Further, the continuance of trial
pursuant to the mutual settlement arrived at between the parties
NEUTRAL CITATION
R/SCR.A/13702/2023 ORDER DATED: 18/10/2023
undefined
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 peculiar facts and circumstances, conviction arrived
by the learned Sessions Court qua other accused in Sessions
Case No.157 of 2017 has been overturned by the Division Bench
of this Court in Criminal Appeal No.1675 of 2021 as parties have
settled their dispute. Para 10 delivered in said Appeal is relevant
which is reproduced herein under :-
"10. The Complainant has also filed an Affidavit dated
25.3.2023 which is annexed in Criminal Misc. Application
No. 2 of 2023 in Criminal Appeal No. 352 of 2021. The
Victim - Suresh Venibhai Patel has also filed an Affidavit of
Settlement. The another injured witness i.e. victim
Ronakkumar Tarunbhai Rai has also filed Affidavit of
Settlement and finally the injured witness and the victim
Hirenbhai Sureshbhai Patel has also filed the Affidavit of
Settlement. Thus, by referring to the Affidavits of
Settlement, it is urged that the Appeal filed by the
Appellant - State of Gujarat may be rejected whereas the
Appeals filed by the Convict Accused may be allowed and
the conviction may be quashed and set aside."
8. In view of finding arrived in para 19 of the judgment of the
Division Bench in Criminal Appeal No.1675 of 2021, offence
under section 321 of IPC is made out and moreover, it is
compoundable offence. Considering this aspect, the petition
requires consideration.
9. In the result, the application is allowed. The impugned
complaint being FIR No.I-42 of 2017 registered with Anand Rural
NEUTRAL CITATION
R/SCR.A/13702/2023 ORDER DATED: 18/10/2023
undefined
Police Station, Anand as well as all consequential proceedings
initiated in pursuance thereof are hereby quashed and set aside
qua the applicant herein. Rule is made absolute. Direct service is
permitted. 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.
(J. C. DOSHI,J)
SATISH
