Vaghela Snehalben Ganpatbhai vs State Of Gujarat
2023 Latest Caselaw 6554 Guj

                                                                                          NEUTRAL CITATION




     R/CR.RA/1125/2023                                     ORDER DATED: 06/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/CRIMINAL REVISION APPLICATION NO. 1125 of 2023
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                         VAGHELA SNEHALBEN GANPATBHAI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MS. ALKA B VANIYA(6945) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS DP JHALA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                   Date : 06/09/2023
                                    ORAL ORDER

1. Rule. Learned Additional Public Prosecutor as well

as learned advocate appearing for the Complainant waive

service of notice of Rule on behalf of the respective

respondents.

2. Considering the issue involved in the present

application and with consent of the parties as well as

considering the fact that the dispute amongst the

applicant and original-complainant has been resolved

amicably, this application is taken up for final disposal

forthwith.

3. By way of this application under Section 397 read

with Section 401 of the Code of Criminal Procedure,

1973 (hereinafter referred to as "the Code"), the applicant

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R/CR.RA/1125/2023 ORDER DATED: 06/09/2023

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has prayed for quashing and setting aside the order th dated 05.11.2022 passed by the learned 10 Additional

Judicial Magistrate, Mehsana in Criminal Case No.5141

of 2021, whereby the Trial Court has been pleased to

held the applicant guilty for the offence punishable under

Section 138 of N.I. Act and sentenced to undergo

imprisonment of 6 months, failing which, she shall

undergo additional one month of imprisonment. The said

order is assailed before the learned Additional Sessions

Judge, Mehsana by way of impugned Judgment and

order dated 04.03.2023 in Criminal Appeal No. 366 of

2022. The said appeal came to be dismissed and the

order of conviction has been confirmed and upheld by

the Additional Sessions Judge. Hence, this Revision Application is filed.

4. Learned advocate for the applicant has taken this

Court through the factual matrix arising out of the

present application. At the outset, it is submitted that

the parties have amicably resolved the issue and

therefore, any further continuance of the proceedings

pursuant to the Criminal Case as well as any further

proceedings arising therefrom would create hardship to

the applicant. It is further submitted that in view of the

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R/CR.RA/1125/2023 ORDER DATED: 06/09/2023

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fact that the dispute is resolved, the trial would be

futile and any further continuance of the proceedings

would amount to abuse of process of law. It is therefore

submitted that this Court may exercise its powers

conferred under Section 397 read with Section 401 of the

Code and allow the application as prayed for.

5. Learned Additional Public Prosecutor appearing for

the State has opposed the present application and

submitted that considering the seriousness of the offence,

the complaint in question may not be quashed and the

present application may be rejected.

6. Respondent No.2 has personally remained present

before this Court and has reiterated the contentions

raised by the learned advocate for the applicant.

Respondent No.2 also relied upon the affidavit filed by

respondent No.2 dated 05.09.2023. On inquiry made by

the Court, respondent No.2 has declared before this

Court that the dispute between the applicant and the

respondent No.2 is resolved due to intervention of trusted

persons of the society and therefore, now the grievance

stands redressed. It is therefore submitted that the

present application may be allowed.

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7. At the outset, both the parties have jointly

submitted that matter is settled and now the original

complainant does not wants to pursue for the further

litigation as complainant and applicant have settled the

matter and in this regard, affidavit of respondent No.2

has been placed, which is taken on record. The contents

of the affidavit is also admitted by the original

complainant. Even complainant has remained present

before this Court and stated that he has no objection if

the conviction recorded by the learned Trial Court as

well as Appellate Court is set aside.

8. Having heard the learned advocates appearing for

the respective parties, considering the facts and

circumstances arising out of the present application and

considering the decision rendered in case of Damodar S.

Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC

663, it appears that further continuation of criminal

proceedings in relation to the impugned proceeding

against the applicant would be unnecessary harassment

to the applicant.

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9. Considering the nature of disputes between the

parties, which are all private in nature, I am of the

opinion that the matter requires consideration. It appears

that the trial would be futile and further continuance of

the proceedings of Criminal Case would amount to abuse

of process of law and hence, to secure the ends of

justice, the Criminal Case is required to be quashed

and set aside in exercise of powers conferred upon this

Court.

10. Resultantly, this application is allowed. The order th dated 05.11.2022 passed by the learned 10 Additional

Judicial Magistrate, Mehsana in Criminal Case No.5141

of 2021 as well as impugned Judgment and order

dated 04.03.2023 in Criminal Appeal No. 366 of 2022

stand quashed and set aside qua the applicant, subject

to deposit 10% of the amount of cheque before the

Gujarat High Court Legal Services Committee within a

period of 10 days.

11. On compliance of the said order, if the applicant is

behind the bar, she shall be released on bail, if her

presence is no longer required in any other criminal

offence.

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12. The present application is allowed qua applicant.

   Rule is made absolute

   Direct service         is permitted.



                                                (HASMUKH D. SUTHAR,J)
KUMAR ALOK