Gujarat High Court
Vijaybhai Harjivanbhai Parmar vs State Of Gujarat on 22 June, 2024
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R/CR.RA/70/2023 CONCILIATION ORDER DATED:
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IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ON THIS 22ND DAY OF JUNE, 2024
CONCILIATORS PRESENT: HONOURABLE MR. JUSTICE M. R.
MENGDEY
AND
CONCILIATOR - MR.ASIM PANDYA
(SENIOR ADVOCATE, HIGH COURT OF
GUJARAT)
R/CRIMINAL REVISION APPLICATION NO. 70 of 2023
1 VIJAYBHAI HARJIVANBHAI
PARMAR
45, KANCHANLAL
BHATTO,?
NEAR ESI HOSPITAL,?
GOTRI,VADODARA
Applicant(s)
VERSUS
1 STATE OF GUJARAT 2 VIJABHAI BHAGVANBHAI
THROUGH PUBLIC JADAV
PROSECUTOR, GUJARAT 41, HARIOM NAGAR
HIGH COURT, AHMEDABAD SOCIETY,?
AATAMAJYOTI ASHRAM
ROAD,?
SUBHANPURA, VADODARA
Respondent(s)
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Appearance:
MR VEDANT D GAIKWAD(10444) for the Applicant(s) No. 1
MR AJAY L PANDAV(3660) for the Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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This application is filed under Section under Sections 397
read with Sections 401 of the Code of Criminal Procedure, 1973
(hereinafter referred to as "the Code"), against the judgment and
order dated 06.09.2021 passed by the learned 9th Additional
Judicial Magistrat, Vadodara in Criminal Case No.15857 OF 2018,
whereby the Trial Court has been pleased to held the applicant
guilty for the offence punishable under Section 138 of N.I. Act
and sentenced to undergo SI of 1 year along with fine of
Rs.2,50,000/-, failing which, further SI of 1 month. The said order
is assailed before the learned 4th Additional Sessions Judge,
Vadodara by way of impugned Judgment and order of sentence
dated 10.01.2023 in Criminal Appeal No.144 of 2021. The said
appeal came to be dismissed and the order of conviction has
been confirmed and upheld by the Additional Sessions Judge.
This Criminal Revision Application coming on for
conciliation before Lok Adalat, the following order is passed :
CONCILIATION ORDER
1. Rule. Learned Additional Public Prosecutor as well as
learned advocate appearing for the Complainant waive service of
notice of Rule on behalf of the respective respondents.
2. Learned advocate for the applicant 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 Criminal Case as well as any further
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proceedings arising therefrom would create hardship to the
applicant. 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 powers conferred under Section 397 read with
Section 401 of the Code and allow the application as prayed for.
3. Learned Additional Public Prosecutor appearing for the
State has requested to pass appropriate order.
4. Learned advocate for respondent No.2 has reiterated the
contentions raised by the learned advocate for the applicant. The
learned advocate for respondent No.2 also relied upon the
affidavit filed by respondent No.2 dated 19.06.2024. 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 applicant and the respondent No.2 is
resolved due to intervention of trusted persons of the society
and therefore, now the grievance stands redressed. It is
therefore submitted that the present application may be
allowed.
5. At the outset, learned advocates for the respective parties
have jointly submitted that matter is settled in Lok Adalat and
now the original complainant does not wants to pursue for the
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further litigation as complainant and applicant have settled the
matter and in this regard, affidavit of respondent No.2 has been
placed, which is taken on record. The contents of the affidavit is
also admitted by the original complainant. Even complainant has
remained present before this Court and stated that he has no
objection if the conviction recorded by the learned Trial Court as
well as Appellate Court is set aside.
6. Considering the fact that as the complaint is filed under
Section 138 of the N.I. Act. In the affidavit of the respondent
No.2, it is stated that "I am the original complainant/respondent
no.2-herein in the above numbered application. I say and submit
that I have entered into an amicable settlement and have
compromised the matter with the present applicant and I have no
grudge or any grievance whatsoever against the present applicant/
accused.
I further say and submit that in view of the aforesaid
compromise and full satisfaction arrived at between myself and the
present applicant, I have no complaint or any grudge or grievances
whatsoever against the applicant and in view thereof, I am not
inclined to proceed further with the present dispute against the
present applicant and therefore, I hereby accord my consent and no
objection for quashing the impugned Judgement & order passed by
the Learned Courts below.
In view of the aforesaid facts and circumstances, it is
respectfully submits that this Hon'ble Court may be please to
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permit me to withdraw the amount of Rs. 75,000/- deposited by the
present applicant with the registry of this Hon'ble Court according
to the order dated-24.01.2023 passed by this Hon'ble Court
(Coram: Hon'ble Mr. Justice Umesh A Trivedi) in above numbered
application.
I declare that I have entered in to the present compromise
and have swear to this affidavit after taking appropriate legal
advice, upon my own will, wish, volition and discretion and without
any threat, undue influence or coercion from any person
whatsoever and the same is binding upon me."
In view of above, the present application deserves
consideration.
7. Having heard the learned advocates appearing for the
respective parties, considering the facts and circumstances
arising out of the present application, it appears that further
continuation of criminal proceedings in relation to the impugned
proceeding against the applicant would be unnecessary
harassment to the applicant.
8. Considering the nature of disputes between the parties,
which are all private in nature, I am of the opinion that the matter
requires consideration. It appears that the trial would be futile
and further continuance of the proceedings of Criminal Case
would amount to abuse of process of law and hence, to secure
the ends of justice, the Criminal Case is required to be quashed
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and set aside in exercise of powers conferred upon this Court.
9. Resultantly, this application is allowed. The judgment and
order dated 06.09.2021 passed by the learned 9th Additional
Judicial Magistrate, Vadodara in Criminal Case No.15857 OF 2018
as well as impugned Judgment and order dated 10.01.2023
passed by the learned 4th Additional Sessions Judge, Vadodara
in Criminal Appeal No. 144 of 2021 stand quashed and set aside
qua the applicant.
10. It would be open for the original-Complainant to withdraw
the amount deposited by the applicant before the learned
Appellate Court/concerned Court.
11. The present application is allowed qua applicant. Rule is
made absolute. Direct service is permitted.
(M. R. MENGDEY,J)
CONCILIATOR
(ASIM PANDYA, SENIOR ADVOCATE)
CONCILIATOR
KUMAR ALOK
