Gujarat High Court
Sanjaykumar Babubhai Rabari (Desai) vs State Of Gujarat on 7 February, 2025
NEUTRAL CITATION
R/SCR.A/425/2025 ORDER DATED: 07/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 425 of 2025
==========================================================
SANJAYKUMAR BABUBHAI RABARI (DESAI)
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 07/02/2025
ORAL ORDER
1. Learned advocate Ms. Himani Patel for learned advocate
Mr. Ashutosh Desai states that Mr. Desai has instructions to
appear for respondent-complainant. He is permitted to file his
Vakalatnama in the Registry within three working days from
today and the Registry shall accept the same. He has
produced affidavit of the complainant, which is ordered to be
taken on record.
2. Learned advocates for the parties have drawn the
attention of this Court to the affidavit of the complainant.
The Respondent-complainant is present before the Court and
admits the correctness and genuineness of the affidavit filed
through the learned advocate. Learned advocate Mr. Ashutosh
Desai identifies the respondent-complainant and confirms
NEUTRAL CITATION
R/SCR.A/425/2025 ORDER DATED: 07/02/2025
undefined
correctness and genuineness of the affidavit.
3. Rule returnable forthwith. Learned A.P.P. and learned
advocate Mr. Desai waive service of Rule for respondent
Nos.1 and 2 respectively. Learned APP objects quashment of
present proceedings on the premise of settlement.
4. With the consent of learned advocate for the applicants
and learned advocate for respondents, present petition is
taken up for final disposal today.
5. By way of the present petition under Articles 226 and
227 of the Constitution of India read with Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (`BNSS' for short),
the petitioner/s prays to quash and set aside the order dated
20.01.2023 passed in Criminal Case No.1294 of 2016 by the
learned 2
nd
Additional Judicial Magisrate, Himmatnagar,
Sabarkantha and consequential/subsequent proceedings, if any,
arising therefrom.
6. Heard learned advocates.
7. Learned advocate for the petitioner/s has taken this
Court through the factual matrix arising out of the present
application.
NEUTRAL CITATION
R/SCR.A/425/2025 ORDER DATED: 07/02/2025
undefined
8. At the outset, it is submitted that the parties have
amicably resolved the dispute. In support of such submission
made at the bar by the learned advocates appearing for the
respective parties, they have placed on record affidavit of
settlement duly signed by the complainant.
9. Since now, the dispute with reference to the impugned
FIR is settled and resolved by and between parties, which is
confirmed by the original complainant through learned
advocate, in view of the judgment in the case of State of
Madhya Pradesh versus Laxmi Narayan reported in (2019) 5
SCC 688, more particularly, paragraph 15, this Court is of
the opinion that in the peculiar facts and circumstances of
the present case, when the parties have arrived at settlement
of dispute, the matter requires consideration for quashing of
criminal proceedings without entering into further
technicalities of the matter. Paragraph 15 reads as under:
"15. Considering the law on the point and the other decisions of
this Court on the point, referred to hereinabove, it is observed
and held as under:
15.1.That the power conferred under Section 482 of the Code to
quash the criminal proceedings for the non-compoundable offences
under Section 320 of the Code can be exercised having
NEUTRAL CITATION
R/SCR.A/425/2025 ORDER DATED: 07/02/2025
undefined
overwhelmingly and predominantly the civil character, particularly
those arising out of commercial transactions or arising out of
matrimonial relationship or family disputes and when the parties
have resolved the entire dispute amongst themselves;
15.2.Such power is not to be exercised in those prosecutions which
involved heinous and serious offences of mental depravity or
offences like murder, rape, dacoity, etc. Such offences are not
private in nature and have a serious impact on society;
15.3.Similarly, such power is not to be exercised for the offences
under the special statutes like the Prevention of Corruption Act or
the offences committed by public servants while working in that
capacity are not to be quashed merely on the basis of compromise
between the victim and the offender;
15.4. Offences under Section 307 IPC and the Arms Act, etc.
would fall in the category of heinous and serious offences and
therefore are to be treated as crime against the society and not
against the individual alone, and therefore, the criminal
proceedings for the offence under Section 307 IPC and/or the
Arms Act, etc. which have a serious impact on the society cannot
be quashed in exercise of powers under Section 482 of the Code,
on the ground that the parties have resolved their entire dispute
amongst themselves. However, the High Court would not rest its
decision merely because there is a mention of Section 307 IPC in
the FIR or the charge is framed under this provision. It would be
NEUTRAL CITATION
R/SCR.A/425/2025 ORDER DATED: 07/02/2025
undefined
open to the High Court to examine as to whether incorporation of
Section 307 IPC is there for the sake of it or the prosecution has
collected sufficient evidence, which if proved, would lead to
framing the charge under Section 307 IPC. For this purpose, it
would be open to the High Court to go by the nature of injury
sustained, whether such injury is inflicted on the vital/delicate
parts of the body, nature of weapons used, etc. However, such an
exercise by the High Court would be permissible only after the
evidence is collected after investigation and the charge-sheet is
filed/charge is framed and/or during the trial. Such exercise is not
permissible when the matter is still under investigation. Therefore,
the ultimate conclusion in paras 29.6 and 29.7 of the decision of
this Court in Narinder Singh [Narinder Singh v. State of Punjab,
(2014) 6 SCC 466 : (2014) 3 SCC (Cri) 54] should be read
harmoniously and to be read as a whole and in the circumstances
stated hereinabove;
15.5 [Ed.: Para 15.5 corrected vide Official Corrigendum No.
F.3/Ed.B.J./22/2019 dated 3-4-2019.] . While exercising the power
under Section 482 of the Code to quash the criminal proceedings
in respect of non-compoundable offences, which are private in
nature and do not have a serious impact on society, on the
ground that there is a settlement/compromise between the victim
and the offender, the High Court is required to consider the
antecedents of the accused; the conduct of the accused, namely,
whether the accused was absconding and why he was absconding,
NEUTRAL CITATION
R/SCR.A/425/2025 ORDER DATED: 07/02/2025
undefined
how he had managed with the complainant to enter into a
compromise, etc.",
10. Resultantly, this application is allowed. The order dated
20.01.2023 passed in Criminal Case No.1294 of 2016 by the
learned 2
nd
Additional Judicial Magisrate, Himmatnagar,
Sabarkantha and consequential/subsequent proceedings, if any,
arising therefrom are hereby quashed and set aside.
11. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(SANDEEP N. BHATT,J)
SLOCK BAROT
