A divison bench of the Justice A.S. Desai and Nisha M. Thakore of Gujarat HC dismissed the application under Section 10 of the Contempt of Courts Act, 1971 in view that by not adhereing to the terms and conditions and not acting as per the settlement would not amount to contempt of the order of this Court.
Further, suggested that applicant can file an appropriate application for revival of Special Criminal Application and can also execute the decree passed by competent Civil Court in Regular Civil Suit No.77 of 2021.
Facts:
The applicant has filed a present application under Section 10 of the Contempt of Courts Act, 1971, to pray this court to initiate the process of Contempt of Court proceedings against the respondent for non-compliance of various undertakings and settlement deeds given by him before various Courts of law. Learned Counsel of the applicant submitted that the respondent herein is in the habit of making false evidence before several Courts including this Court in various proceedings and relying upon the settlements, several proceedings had been disposed of and thereafter, the respondent had not adhered to the terms of settlement.
They had taken this court towards the order dated 9.10.2015 passed by learned Single Judge in Criminal Misc. Application (For Quashing & set aside FIR/Order) No.7198 of 2015, and submitted that the said petition was filed by the respondent under Section 482 of the Code of Criminal Procedure, 1973 for quashment of FIR lodged at the instance of the applicant, which was withdrawn as respondent was granted anticipatory bail on the ground that the respondent has agreed to transfer the land in question in favour of the applicant.
However, since the said terms of settlement was not complied with by the respondent, the applicant filed an application for cancellation of bail being Criminal Misc. Application No.7971 of 2016 and anticipatory bail granted to the respondent was cancelled. Thereafter, the respondent preferred another application being Special Criminal Application No.1158 of 2020 for quashment of FIR in view of the settlement arrived at between the parties.
He further submitted that submit that the applicant had also filed Regular Civil Suit No.77 of 2021 in the Court of learned Additional Civil Judge, Karjan for cancellation of Sale Deed. In the said suit proceedings also, it was settled and decree was drawn by the learned competent Civil Court. However, though various settlements had taken place before this Court as well as before the Civil Court, the respondent is not acting as per the terms of settlement and misguiding the Courts and, therefore, contempt proceedings may be initiated against the respondent.
Observations of the Court
The court observed that there is no dispute that on various occasions, the respondent had settled the matter with the applicant either in the proceedings before this Court or before the Civil Court. Relying upon the same, FIR lodged at the instance of the applicant has been quashed and set aside by this Court and even the suit is decreed in terms of settlement by the concerned Civil Court.
However, this court is of the opinion that by not adhereing to the terms and conditions and not acting as per the settlement would not amount to contempt of the order of this Court. For the said purpose, the applicant can file an appropriate application for revival of Special Criminal Application No.1158 of 2020. Apart from this aspect, the applicant can also execute the decree passed by competent Civil Court in Regular Civil Suit No.77 of 2021.
Decision:
The present application as this court held that by not adhereing to the terms and conditions and not acting as per the settlement would not amount to contempt of the order of this Court and the applicant can file an appropriate application for revival of Special Criminal Application.
Case: CHAMPABEN BHAILALBHAI PATEL vs NAVINCHANDRA MAGANBHAI PATEL
Citation: R/MISC. CIVIL APPLICATION NO.1147 of 2022
Coram: Justice A.S. Desai and Nisha M. Thakore
Dated: 16.11.2022
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