Gujarat High Court
Bharatbhai Hirabhai Khant vs State Of Gujarat on 22 June, 2024
NEUTRAL CITATION
R/SCR.A/7318/2024 CONCILIATION ORDER DATED:
22/06/2024 undefined
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/SPECIAL CRIMINAL APPLICATION NO. 7318 of 2024
1 BHARATBHAI HIRABHAI
KHANT
AT VADI NO GORADA, TAL.
LUNAWADA, DIST.
MAHISAGAR.
Applicant(s)
VERSUS
1 STATE OF GUJARAT 2 KANABHAI HIRABHAI PATEL
NOTICE TO BE SERVED AT JUNA ZINZVA, TAL.
THROUGH THE PUBLIC KADANA, DIST.
PROSECUTOR, HIGH MAHISAGAR.
COURT OF GUJARAT,
AHMEDABAD
Respondent(s)
==========================================================
Appearance:
MR BHAVESH J PATEL(6801) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
This application is filed under Section under Section 482 of
the Code of Criminal Procedure, 1973 (hereinafter referred to as
"the Code"), against the judgment and order dated 05.03.2022
passed by the learned Additional Chief Judicial Magistrate First
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R/SCR.A/7318/2024 CONCILIATION ORDER DATED:
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Class, Mahisagar @ Lunawada in Criminal Case No.215 of 2016,
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 under Section 255(2) of
the Cr.P.C.. According to Section 255(2) of the Cr.P.C. the accused
shall pay the cheque to the complainant as compensation within
1 month, failing which, he shall undergo additional 15 days more
SI.
This Special Criminal Application coming on for conciliation
before Lok Adalat, the following order is passed :
CONCILIATION ORDER
1. Rule. Learned Additional Public Prosecutor waives service
of notice of Rule on behalf of the respective respondents.
2. Learned advocate for the applicant has taken us through
the factual matrix arising in 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
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 482 of the Code and
allow the application as prayed for.
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3. Learned Additional Public Prosecutor appearing for the
State has requested to pass appropriate order.
4. Respondent No.2 is present in person before the Court
and is identified by learned advocate for applicant. Respondent
No.2 has tendered compromise deed dated 20.05.2023, which is
annexed at page 37 of the compilation. 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 want to pursue the
further litigation as complainant and applicant have settled the
matter and in this regard, compromise deed of respondent No.2
has been placed, which is taken on record. The contents of the
compromise deed is also admitted by the original complainant
and applicant. Even complainant has remained present before us
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 for dishonour of cheque. In the
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R/SCR.A/7318/2024 CONCILIATION ORDER DATED:
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compromise deed of the applicant and respondent No.2, it is
stated that "The respondent shall withdraw all the complaints
made against applicant, whether formally registered with police,
courts or other authorities or not and all such complaints shall
stand withdrawn unconditionally.
The applicant and respondent shall jointly request the
Hon'ble High Court of Gujarat to quash and set aside the complaint
being Criminal Case No.215/2016 filed before the Ld. Additional
Chief Judicial Magistrate Court, Mahisagar @ Lunawada filed
under Section 138 of the Negotiable Instruments Act 27/01/2016.
The applicants and respondent herein have agreed that
neither the applicant nor the respondent shall be entitled to re-
agitate the FIRs, complaints, cases and the proceedings settled
hereinabove in any Court, Tribunal, Authority or police in future
and this settlement shall bind both the parties for all time to
come."
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.
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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
and set aside in exercise of powers conferred upon this Court.
9. Resultantly, this application is allowed. The judgment and
order dated 05.03.2022 passed by the learned Additional Chief
Judicial Magistrate First Class, Mahisagar @ Lunawada in Criminal
Case No.215 of 2016 stands quashed and set aside qua the
applicant.
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
