Gujarat High Court
Mohammad Aasim Salim Ahemad Puthawala vs State Of Gujjarat on 25 January, 2024
NEUTRAL CITATION
R/CR.MA/2720/2022 ORDER DATED: 25/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 2720 of 2022
With
R/CRIMINAL MISC.APPLICATION NO. 2726 of 2022
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MOHAMMAD AASIM SALIM AHEMAD PUTHAWALA
Versus
STATE OF GUJJARAT
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Appearance:
MR MM SAIYED(1806) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 25/01/2024
ORAL ORDER
1. Heard learned counsel for the petitioner, learned
Assistant Public Prosecutor for the respondent-State and
learned counsel for respondent no.2.
2. The petitioners are the accused in Crime Register No.II-
3207 of 2019 registered with Shahpur Police Station,
Ahmedabad. On an FIR being lodged by the second respondent
against them, the aforesaid crime was registered against the
petitioners for the offences punishable under Sections 294-B,
506 (1) and 114 of the Indian Penal Code. The said crime was
investigated and eventually the investigation officer has filed
charge-sheet against the petitioners in the trial Court. The said
case is now pending for trial on the file of learned Additional
Metropolitan Magistrate, Court No.25, Ahmedabad being
Criminal Case No.44638 of 2020.
NEUTRAL CITATION
R/CR.MA/2720/2022 ORDER DATED: 25/01/2024
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3. The petitioners sought quash of the said criminal
proceedings initiated against them on various grounds that are
urged in the petition. While present petition is pending hearing
and while trial of the said criminal case is pending, it is stated
that both the parties have entered into compromise at the
instance of the elders and that they have squared up the
dispute between them. Therefore, they have filed an affidavit
to terminate the proceedings of the above criminal case that is
pending against them in view of the compromise entered into
between both the parties.
4. Although offence under Section 506 (1) is compoundable
offence, offence under Section 294-B is non-compoundable
offence. Therefore, the parties have approached this Court
seeking permission to compound said offences.
5. Now, it is well settled law that in appropriate cases where
offences are non-compoundable offences, the parties can
invoke inherent powers of this Court under Section 482 of
Criminal Procedure Code to seek permission to compound said
offence. The three Judge Bench of the Apex Court in the case
Gian Singh Vs. State of Punjab & Another, reported in
(2012) 10 SCC 303, held that power of the Court in quashing
criminal complaint in exercise of inherent powers is distinct
and different from the power of a Criminal Court of
compounding offences under Section 320. It is held that cases
where the parties have settled the dispute power to quash
criminal proceedings is to be exercised depending on facts of
each case and the Court must have due regard to nature and
NEUTRAL CITATION
R/CR.MA/2720/2022 ORDER DATED: 25/01/2024
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gravity of the crime and its impact on society, while quashing
the said criminal proceedings in exercise of its inherent
powers.
6. The Supreme Court has enumerated certain exceptional
cases like murder, rape, dacoity, offences under Prevention of
Corrupation Act etc. and held that in such cases, inherent
power of the Court cannot be exercised to quash the
proceedings even in case where the parties have settled their
dispute. Thus, from the law enunciated by the Apex Court in
the above reported judgment, except in aforesaid cases like
murder, dacoity, rape and cases arising out of Anti-Corruption
Laws, in other cases, the High Court can exercise its inherent
powers under Section 482 of Criminal Procedure Code in
deserving and appropriate cases to quash criminal
proceedings, even in cases relating to offences which are not
compoundable.
7. The present case on hand is not falling within the purview
of the said exempted cases. Therefore, in the considered view
of this Court, present request of the petitioners and second
respondent to quash the proceedings in view of the settlement
arrived at between the parties amicably can be entertained.
8. Both the petitioners, who are accused in the said criminal
case, and defacto complainant-second respondent along with
their respective counsel are present before the Court. When
questioned, both the petitioners and second respondent
categorically stated that they have entered into compromise
and settled their disputes amicably at the instance of the
NEUTRAL CITATION
R/CR.MA/2720/2022 ORDER DATED: 25/01/2024
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elders and they have squared up all the disputes. They also
prayed to quash present criminal proceedings against the
petitioners. They are also identified by their respective counsel
and the Police Constable of the concerned Police Station, who
is present before the Court.
9. Therefore, both the petitioners and second respondent
are permitted to compound the offence. The compromise is
recorded. In view of the fact that they have compounded the
offences, this petition is allowed quashing the proceedings of
Criminal Case No.44638 of 2020 on the file of learned
Additional Metropolitan Magistrate, Court No.25, Ahmedabad,
arising out of C.R.No.II-3207 of 2019 of Shahpur Police Station,
Ahmedabad, so far as present petitioners are concerned.
(CHEEKATI MANAVENDRANATH ROY, J)
R.S. MALEK
