Gujarat High Court
Meghaben W/O Chirag Bedia And D/O Sunil ... vs State Of Gujarat on 20 February, 2024
NEUTRAL CITATION
R/CR.MA/16807/2020 ORDER DATED: 20/02/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR QUASHING &
SET ASIDE FIR/ORDER) NO. 16807 of 2020
=================================================
MEGHABEN W/O CHIRAG BEDIA AND D/O SUNIL
TIBREWAL & ORS.MEGHABEN W/O CHIRAG BEDIA AND D/
O SUNIL TIBREWAL
Versus
STATE OF GUJARATSTATE OF GUJARAT & ANR.
=================================================
Appearance:
MR MJ PARIKH(577) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2
BHAGIRATH N PATEL(9016) for the Respondent(s) No. 2
MR HARDIK SONI, APP for the Respondent(s) No. 1
=================================================
CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 20/02/2024
ORAL ORDER
1. This application under Section 482 of the Criminal Procedure
Code, 1973 (CrPC) is filed by the applicant seeking quash of the FIR
in Crime No. I-499 of 2019, registered with Khatodara Police
Station, Surat City against the petitioners for the offences punishable
under Sections 323, 504, 506(2), 389, 294(b) and 114 of the Indian
NEUTRAL CITATION
R/CR.MA/16807/2020 ORDER DATED: 20/02/2024
undefined
Penal Code, 1860 (IPC) as well as the Charge-sheet in Criminal
Case No. 20008 of 2020 on the file of learned 7 th Additional Civil
Judge and Judicial Magistrate First Class, Surat.
2. Heard, learned counsel for the petitioners, learned Additional
Public Prosecutor for the State respondent and the learned counsel
for the second respondent - de facto complainant.
3. When the matter came up for hearing, the learned counsel for
the petitioners and the learned counsel for the de facto complainant
submitted that both the parties have entered into compromise and
they have squared up all the disputes between them and that the de
facto complainant has no objection to quash the FIR registered
against the petitioners on his report and the criminal proceedings
initiated thereon. Affidavit of the de facto complainant to that effect
is also filed. It is taken on record.
4. The accused No. 1 is the wife of the de facto complainant. The
other accused are the relatives of the accused No. 1. On the report
NEUTRAL CITATION
R/CR.MA/16807/2020 ORDER DATED: 20/02/2024
undefined
lodged by the de facto complainant, the aforesaid FIR was registered
against the petitioners for the aforesaid offences.
4.1 The de facto complainant is also physically present before the
Court. When questioned, he has voluntarily, with his free will and
volition, stated that he has entered into compromise with the
petitioners and settled the dispute amicably with them and that, he
has no objection to quash the present FIR and the criminal
proceedings initiated thereon, against them as they have decided to
compound the offence.
5. Although, the aforesaid offences 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 can permit the parties even to compound the offences
which are non-compoundable. Though, some cases are enlisted in
the said judgment where the Court cannot accord permission to the
parties to compound the said offences, the present case is not falling
within the said exempted offences.
NEUTRAL CITATION
R/CR.MA/16807/2020 ORDER DATED: 20/02/2024
undefined
5.1 Therefore, permission to compound the offences, as sought
for, is accorded and compromise is recorded.
6. Resultantly, the application is allowed. The FIR in Crime No.
I-499 of 2019, registered with Khatodara Police Station, Surat City
for the offences punishable under Sections 323, 504, 506(2), 389,
294(b) and 114 of the Indian Penal Code, 1860 (IPC) as well as the
Charge-sheet in Criminal Case No. 20008 of 2020 on the file of
learned 7th Additional Civil Judge and Judicial Magistrate First
Class, Surat, against the petitioners are quashed. Rule is made
absolute accordingly.
[ Cheekati Manavendranath Roy, J. ]
hiren
/15
