Gujarat High Court
Kanchanben Ratilal Parekh vs State Of Gujarat on 12 February, 2024
NEUTRAL CITATION
R/CR.MA/16403/2016 ORDER DATED: 12/02/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING &
SET ASIDE FIR/ORDER) NO. 16403 of 2016
=================================================
KANCHANBEN RATILAL PAREKH
Versus
STATE OF GUJARAT & 1 other(s)
=================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR DARSHIT M KAMDAR(11467) for the Respondent(s) No. 2
MR HARDIK SONI, APP for the Respondent(s) No. 1
=================================================
CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 12/02/2024
ORAL ORDER
1. The sole applicant in this application filed under Section 482
of the Criminal Procedure Code, 1973 (CrPC) seeks quash of the
FIR in Crime No. I-14 of 2016, registered with Lakadiya Police
Station, Kachchh for the offences punishable under Sections 420,
496, 418, 467, 466, 468, 470, 471, 114 and 120-B of the Indian
Penal Code, 1860 (IPC).
2. When the matter is taken up for hearing, the learned counsel
for the applicant submits that the matter is amicably settled between
NEUTRAL CITATION
R/CR.MA/16403/2016 ORDER DATED: 12/02/2024
undefined
the applicant and the de facto complainant and the possession of the
land was also delivered to the de facto complainant by the accused.
The de facto complainant has also filed his affidavit stating that the
matter was amicably settled at the instance of the elders and well-
wishers of both the parties and the dispute has been completely
resolved and also stated that the FIR that was registered against the
applicant may be quashed.
3. The de facto complainant is also physically present before the
Court today. When questioned, he has unequivocally stated that the
matter was amicably settled between him and the accused at the
instance of their well-wishers and the elders and that, he has no
objection to quash the FIR that is registered against the applicant. He
has also stated that he has entered into compromise with his free will
and volition and that, there was no duress in entering into the said
compromise. Thus, it is evident that both the parties have
compounded the offence.
4. Although, the offences for which the FIR was registered are
non-compoundable offences, as per the dictum laid down by the
Apex Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303,
in appropriate cases, the Court, in exercise of its inherent powers
under Section 482 of CrPC, can permit the parties to compound the
offences, even which are non-compoundable. Although, some cases
are exempted which are catelogued in the said judgment of the Apex
NEUTRAL CITATION
R/CR.MA/16403/2016 ORDER DATED: 12/02/2024
undefined
Court, the present case is not falling within the said exempted cases.
5. Therefore, permission is accorded to the applicant and the de
facto complainant to compound the offence as prayed for and the
compromise is recorded.
6. Resultantly, the application is allowed. The FIR in Crime No.
I-14 of 2016, registered with Lakadiya Police Station, Kachchh for
the offences punishable under Sections 420, 496, 418, 467, 466, 468,
470, 471, 114 and 120-B of the Indian Penal Code, 1860 (IPC), is
hereby quashed against the applicant.
[ Cheekati Manavendranath Roy, J. ]
hiren
/38
