Gujarat High Court
Steel Build Through Sandeep Ashokbhai ... vs State Of Gujarat on 13 June, 2024
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/SCR.A/5253/2024 ORDER DATED: 13/06/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5253
of 2024
=====================================================
STEEL BUILD THROUGH SANDEEP ASHOKBHAI MEHTA & ANR.
Versus
STATE OF GUJARAT & ANR.
=====================================================
Appearance:
MR.D K.PUJ(3836) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MS MAITHILI D MEHTA ADDITIONAL PUBLIC PROSECUTOR for
the Respondent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 13/06/2024
ORAL ORDER
1. Heard the learned advocates appearing for the
respective parties. Learned advocate Mr. Himanshu
Thakker states that he has instructions to appear for
the original complainant - respondent No.2. He is
directed to file his appearance forthwith. The
complainant states that the matter is settled between
the parties.
2. Rule. Learned Additional Public Prosecutor
as well as learned advocate appearing for the
Complainant waive service of Rule on behalf of the
respective respondents.
NEUTRAL CITATION
R/SCR.A/5253/2024 ORDER DATED: 13/06/2024
undefined
3. Considering the issue involved in the
present application and with consent of the learned
advocates appearing for the respective parties as
well as considering the fact that the dispute amongst
the applicants and respondent No.2 has been resolved
amicably, this application 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 "the Code"), the
applicants have prayed for quashing and setting aside
the impugned judgment and order dated 9.1.2024 passed
by the learned Judge, Additional Small Cause Court,
Surat in Criminal Case No.66473 of 2016 for the
commission of offence punishable under Section 138 of
the Negotiable Instruments Act, 1881 as well as quash
all other consequential proceedings arising out of
the aforesaid FIR qua the applicants.
5. Learned advocate for the applicants 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 impugned FIR as well as
any further proceedings arising therefrom would
create hardship to the applicants. It is submitted
that respondent No.2 has filed an affidavit in these
NEUTRAL CITATION
R/SCR.A/5253/2024 ORDER DATED: 13/06/2024
undefined
proceedings and has declared that the dispute between
the applicants and respondent No.2 is resolved due to
intervention of trusted persons of the society. It is
further submitted that in view of the 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 inherent
powers conferred under Section 482 of the Code and
allow the application as prayed for.
6. 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.
7. Learned advocate for respondent No.2 has
reiterated the contentions raised by the learned
advocate for the applicants. The learned advocate for
respondent No.2 also relied upon the affidavit filed
by respondent No.2 - Nitin K. Parthe dated 8.5.2024.
Respondent No.2 is present in person before the Court
and is identified by learned advocate for respondent
No.2. On inquiry made by the Court, respondent No.2
has declared before this Court that the dispute
between the applicants and the respondent No.2 is
resolved due to intervention of trusted persons of
NEUTRAL CITATION
R/SCR.A/5253/2024 ORDER DATED: 13/06/2024
undefined
the society and therefore, now the grievance stands
redressed. It is therefore submitted that the present
application may be allowed.
8. Having heard learned advocates appearing
for the respective parties, considering the facts and
circumstances arising out of the present application
as well as taking into consideration the decisions
rendered in the cases of Gian Singh Vs. State of
Punjab & Anr., reported in (2012) 10 SCC 303, Madan
Mohan Abbot Vs. State of Punjab, reported in (2008) 4
SCC 582, Nikhil Merchant Vs. Central Bureau of
Investigation & Anr., reported in 2009 (1) GLH 31,
Manoj Sharma Vs. State & Ors., reported in 2009 (1)
GLH 190 and Narinder Singh & Ors. Vs. State of Punjab
& Anr. reported in 2014 (2) Crime 67 (SC), it appears
that further continuation of criminal proceedings in
relation to the impugned FIR against the applicants
would be unnecessary harassment to the applicants. It
appears that the trial would be futile and further
continuance of the proceedings pursuant to the
impugned FIR would amount to abuse of process of law
and hence, to secure the ends of justice, the
impugned FIR is required to be quashed and set aside
in exercise of powers conferred under Section 482 of
the Code.
9. Resultantly, this application is allowed
and the impugned judgment and order dated 9.1.2024
NEUTRAL CITATION
R/SCR.A/5253/2024 ORDER DATED: 13/06/2024
undefined
passed by the learned Judge, Additional Small Cause
Court, Surat in Criminal Case No.66473 of 2016 for
the commission of offence punishable under Section
138 of the Negotiable Instruments Act, 1881 filed
against the present applicants is hereby quashed and
set aside qua the present applicants. Consequently,
all other proceedings arising out of the aforesaid
FIR are also quashed and set aside qua the present
applicants. Rule is made absolute. Direct service is
permitted.
(NIRZAR S. DESAI,J)
Pallavi
