Gujarat High Court
Firozkhan Mohammadkhan Sipai vs State Of Gujarat on 27 June, 2024
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/9743/2024 ORDER DATED: 27/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 9743 of 2024
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FIROZKHAN MOHAMMADKHAN SIPAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAYDEEP P PATEL(9201) for the Applicant(s) No. 1
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MS. MAITHILI MEHTA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 27/06/2024
ORAL ORDER
1. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as "the
Code"), the applicant has prayed for quashing and setting
aside the order dated 20.04.2024 passed in Criminal Appeal
No. 23 of 2018 passed by learned 7 th Sessions Judge,
Palanpur as well as order and judgment dated 23.03.2018
passed in Criminal Case No. 4379 of 2013 passed by learned
3rd Chief Judicial Magistrate at Palanpur on account of
settlement.
2. Heard the learned advocates appearing for the respective
parties. Learned advocate Mr. V. K. Rana states that he has
an instructions to appear for the respondent No.2 -
complainant. He is permitted to file his appearance
forthwith. He places on record the affidavit filed by the
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R/CR.MA/9743/2024 ORDER DATED: 27/06/2024
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respondent no.2. The same is taken on record.
3. Rule. Learned Additional Public Prosecutor as well as
learned advocate appearing for the Complainant waive
service of Rule on behalf of the respective respondents.
4. 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 applicant and respondent No.2 has been
resolved amicably, this application is taken up for final
disposal forthwith.
5. 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 impugned
FIR as well as any further proceedings arising therefrom
would create hardship to the applicant. It is submitted that
respondent No.2 has filed an affidavit in these proceedings
and has declared that the dispute between the applicant 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
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R/CR.MA/9743/2024 ORDER DATED: 27/06/2024
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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 applicant.
The learned advocate for respondent No.2 also relied upon
the affidavit filed by respondent No.2 - Pratapbhai @
Premjibhai Bhikhabhai Prajapati dated 27.06.2024.
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
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.
Learned advocate Mr. V. K. Rana for the complainant and
learned advocate Mr. Soni for the applicant jointly states that
the impugned orders may be quashed by imposing suitable
cost upon the petitioner which according to this Court is
Rs.5,000/-. A cost of Rs. 5,000/- to be deposited with Gujarat
State Legal Service Authority within a period of fifteen days
from today. If the cost is not deposited, this order shall not be
implemented.
8. Having heard the 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 by the Hon'ble Supreme
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R/CR.MA/9743/2024 ORDER DATED: 27/06/2024
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Court 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 applicant would be unnecessary harassment to the
applicant. I have also considered the latest decision of the
Hon'ble Supreme Court in the case of Parbatbhai Aahir @
Parbatbhai Bhimsinhbhai Karmur and others v. State of
Gujarat, Criminal Appeal No.1723 of 2017 dated
4.10.2017 and the guidelines issued by the Hon'ble Supreme
Court in the said decision, particularly paragraph 15.
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 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 orders dated
20.04.2024 passed in Criminal Appeal No. 23 of 2018 passed
by learned 7th Sessions Judge, Palanpur as well as order and
judgment dated 23.03.2018 passed in Criminal Case No.
4379 of 2013 passed by learned 3 rd Chief Judicial Magistrate
at Palanpur are hereby quashed and set aside qua the
applicant. A cost of Rs. 5,000/- to be deposited with
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R/CR.MA/9743/2024 ORDER DATED: 27/06/2024
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Gujarat State Legal Service Authority within a period of
15 days from today. If the cost is not deposited, this
order shall not be implemented. Accordingly, Rule is
made absolute.
Direct service is permitted.
(NIRZAR S. DESAI,J)
VARSHA DESAI
