Gujarat High Court
Ishwarlal Chamanlal Gayakvad vs State Of Gujarat on 13 February, 2024
NEUTRAL CITATION
R/CR.MA/2824/2024 ORDER DATED: 13/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO.
2824 of 2024
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ISHWARLAL CHAMANLAL GAYAKVAD
Versus
STATE OF GUJARAT
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Appearance:
MR RAJ H JOBANPUTRA(10779) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/02/2024
ORAL ORDER
1. Learned advocate Mr. Taral Thaker states that he has
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.
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 of
Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."),
the applicant has prayed to quash and set aside the order of
conviction dated 22.08.2023 at Annexure-B passed by the
learned Additional Judicial Magistrate, Mandvi, Kachchh in
Criminal Case No.514 of 2022 and also quashed and set aside
the order dated 23.01.2024 passed by the 6 th Additional District
and Sessions Judge, Bhuj, Kachchh passed in Criminal Appeal
NO.120 of 2023 at Annexure-C confirming the order of the
NEUTRAL CITATION
R/CR.MA/2824/2024 ORDER DATED: 13/02/2024
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Magistrate and all the consequential proceedings arising
therefrom.
5. Learned advocate for the petitioner submits that as the
matter is amicably settled between the parties and the
complainant has no objection if the conviction order passed by
the Magistrate Mandvi, Kachchh, is quashed. Therefore, the
application may be allowed by quashing and setting aside the
conviction order passed by the magistrate, as no fruitful purpose
would be served by proceeding with the matter further.
6. Having heard learned advocates on both the sides and
considering the facts and circumstances of the case, It appears
that by an order of conviction dated 22.08.2023 at Annexure-B,
passed by the learned Additional Judicial Magistrate, Mandvi,
Kachchh in Criminal Case No.514 of 2022, wherein the applicant
has been convicted and he is sentenced to undergo one year of
simple imprisonment with a fine of Rs.5,000/-, and in default, to
undergo a further 10 days of simple imprisonment. Feeling
aggrieved and dissatisfied by the order of the Magistrate, the
applicant challenged the said order by filing Criminal Appeal
No.120 of 2023 before the learned 6th Additional District and
Sessions Judge, Bhuj, Kachchh. However, by an order dated
23.01.2024, the Sessions Judge dismissed the appeal,
confirming the order of the Magistrate. However, the matter is
now amicably settled between the parties, and they have no
objection if the conviction order of the Magistrate is quashed and
set aside, and the applicant is set free.
7. In case of Kripalsingh Pratapsingh Vs. Salvinder Kaur
NEUTRAL CITATION
R/CR.MA/2824/2024 ORDER DATED: 13/02/2024
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Hardisingh Lohana, reported in (2004) 2 GLH 544, the
coordinate Bench of this Court after considering various
decisions of the Apex Court, took a view that it would be
permissible for the High Court in exercise of its inherent powers
under Section 482 of the Code, to record the settlement arrived
at between the parties and acquit the accused of the charges.
8. Thus, taking into account the fact of settlement, the
compounding of the offence is hereby permitted under Section
147 of the Act. As a result, the application is allowed. Rule is
made absolute. The judgment and order of conviction dated
22.08.2023 at Annexure-B passed by the learned Additional
Judicial Magistrate, Mandvi, Kachchh in Criminal Case No.514
of 2022 and the judgment and order dated 23.01.2024 passed by
the 6th Additional District and Sessions Judge, Bhuj, Kachchh
passed in Criminal Appeal No.120 of 2023 at Annexure-C are
hereby quashed and set aside. The petitioner is acquitted from
the offences under the provisions of the Negotiable Instruments
Act. However, the settlement arrived at belated stage, the
petitioner is directed to deposit 15% of the cheque amount with
the Gujarat State Legal Service Authority within seven days from
the date of receipt of this order, in view of judgment passed by
the Hon'ble Apex Court in the case of Damodar S. Prabhu v.
Sayed Babalal H., reported in AIR 2010 SC 1907. Direct service
permitted. If the applicant/s is/are in jail, the jail authority
concerned is directed to release the applicant/s forthwith, if not
required in connection with any other case.
(HASMUKH D. SUTHAR,J)
ALI
