Ashwinbhai Haribhai Faldu vs State Of Gujarat
2023 Latest Caselaw 7937 Guj

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     R/SCR.A/14279/2023                               ORDER DATED: 27/10/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14279 of 2023
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                          ASHWINBHAI HARIBHAI FALDU
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR LAXMANSINH M ZALA(5787) for the applicants(s) No. 1,2,3
MR DA BUDHANI for the Respondent(s) No. 2
MR TIRTHRAJ PANDYA, PUBLIC PROSECUTOR for the Respondent(s) No.
1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 27/10/2023

                                ORAL ORDER

1. Learned advocate Mr. Budhani states that he has received 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. Registry is directed to accept the same.

2. Rule. Learned advocates waive service of notice 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

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R/SCR.A/14279/2023 ORDER DATED: 27/10/2023

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of Criminal Procedure, 1973, the applicants has prayed to quash and set aside the complaint being FIR No. 11208003230538 of 2023, registered with Gandhigram II University Police Station, Rajkot, for the offences under Sections 307, 365, 326, 324, 506(2), 504 and 114 of Indian Penal Code, Section 135(1) 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 produced on record as Annexure-B to this petition. 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.

5.1 On reading FIR, what appears that dispute arise between complainant and accused on issue of love marriage. According to FIR, being annoyed by the love marriage accused had assaulted upon son-in-law. Other family members have also played role in commission of offence. Affidavits on records of all relatives - individuals that dispute is amicably compromised. Dispute forgotten by the parties ,and now they have very candid relationship. In such peculiar circumstances, if, criminal proceedings are allowed to continue, it may affect adversely to the relationship or would not be in interest of

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party. Offence under Section 307 of the IPC being principal in the alleged offence, and quashing of it can be against the public interest but looking to peculiar facts of this case vis-a- vis nature of injury, this Court finds that it is fit case to exercise extraordinary jurisdiction.

6. Having heard learned advocates on both the sides and considering the facts and circumstances of the case, at this juncture, I may refer to the judgment of Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582, wherein, at Paragraph-6 it is observed 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"

6.1 In view of the above, 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

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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 FIR No. 11208003230538 of 2023, registered with Gandhigram II University Police Station, Rajkot, as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicants herein. 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. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) UMESH/-