Gujarat High Court
Vishalbhai Natvarbhai Rathod vs The State Of Gujarat on 18 October, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
R/CR.MA/16696/2023 ORDER DATED: 18/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 16696 of 2023
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VISHALBHAI NATVARBHAI RATHOD
Versus
THE STATE OF GUJARAT
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Appearance:
MR V A ZALA(11441) for the applicants(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 2
MR RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 18/10/2023
ORAL ORDER
Learned advocate Mr. Mohitsinh Jadeja states that he has
instructions to appear on behalf of the original complainant, and
thereby, seeks permission to file his Vakalatnama, which is
granted. The original complainant is present in the Court and is
identified by her learned advocate.
1. 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
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R/CR.MA/16696/2023 ORDER DATED: 18/10/2023
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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 applicants have prayed to quash
and set aside the complaint being C.R. No. 11196002200013 of
2020 registered with Bapod Police Station for the offences under
Sections 363, 366, 376(2)(N) of Indian Penal Code, u/s 6, 12
and 17 of the POCSO Act as well as u/s 3(2)(5), 3(2)(5-A), 3(1)(W)
(i)(ii) of the Atrocities 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 applicants 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. Vide Annexure D, the
deposition of the complainant is also produced on record.
Relevant paras of said deposition is as under:-
"(3)When my mother saw Vishal talking to me, she had a
quarrel with Vishal. It was when we were talking to each
other face to face. We used to talk over phone as well. I used
to use my mother's mobile phone. I used to speak to Vishal
when my mother was not around and Vishal would call me
up.
(4)I had eloped with Vishal and we went to Delhi. I do not
remember as to which place we had gone thereafter. It was I
and Vishal only and we were not accompanied by anyone
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R/CR.MA/16696/2023 ORDER DATED: 18/10/2023
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else. I and Vishal stayed there for about a week. It was a
rental accommodation. I do not know as to whose
accommodation it was.
(5)I did not have any bad experience with Vishal. I was in
love with him. Therefore, I had gone with him. I and Vishal
used to not sleep together. Vishal did not have any physical
intercourse with me.
(6)The witness has identified Vishal. Before we went to
Delhi, Vishal had not taken me anywhere else. As I wanted
to marry Vishal, I had gone with him."
6. Thus, from the above deposition, it appears that the
complainant victim has turned hostile, which led to exonerate
the accused from the accusation. At this juncture, I may refer to
the judgment of Madan Mohan Abbot vs. State of Punjab [2008]
4 SCC 582 6]. 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".
7. Having heard learned advocates on both the sides and
considering the facts and circumstances of the case, in the
opinion of this Court, the further continuation of criminal
proceedings against the applicants in relation to the impugned
FIR would cause unnecessary harassment to the applicants.
Further, the continuance of trial pursuant to the mutual
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R/CR.MA/16696/2023 ORDER DATED: 18/10/2023
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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. No. 11196002200013 of 2020 registered
with Bapod Police Station as well as all consequential
proceedings initiated in pursuance thereof are hereby quashed
and set aside qua the applicants herein.
9. Rule is made absolute. Direct service is permitted.
10. If the applicants are in jail, the jail authority concerned is
directed to release the applicants forthwith, if not required in
connection with any other case.
11. It is made clear that if the complainant has received any
compensation from the State Government, then he has to return
back the compensation to the State Government, failing which
the the concerned authority is at liberty to recover the same from
the complainant.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
