Gujarat High Court
Subhash Haribhai Sihora vs State Of Gujarat on 24 April, 2025
NEUTRAL CITATION
R/CR.MA/9492/2014 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 9492 of 2014
With
R/SPECIAL CRIMINAL APPLICATION NO. 5654 of 2018
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SUBHASH HARIBHAI SIHORA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JIGAR G GADHAVI(5613) for the Applicant(s) No. 1,2,3,4
MR PRATIK B BAROT(3711) for the Respondent(s) No. 2
MR SOHAM JOSHI, ADDL.PUBLIC PROSECUTOR for Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 24/04/2025
COMMON ORAL ORDER
1. Rule. Learned advocate Mr.Pratik Barot waives service of Rule for respondent No.2 and learned APP waives service of Rule for the respondent - State.
2. Heard learned advocates for the respective parties.
3. 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 petitioners and respondent - original complainant has been resolved amicably, both these matters are taken up for final disposal by this common order.
4. By way of these applications under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners of Criminal Misc. Application No.9492 of 2014 have prayed for quashing and setting aside FIR being Page 1 of 5 Uploaded by GAURAV J THAKER(HC00951) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:28:15 IST 2025 NEUTRAL CITATION R/CR.MA/9492/2014 ORDER DATED: 24/04/2025 undefined C.R.No.I-49 of 2014 registered with Bopal Police Station, Dist. Ahmedabad (Rural), for the offences punishable under Sections 323, 448, 406, 420, 465, 467, 468, 471 and 114 of the IPC and the petitioners of Special Criminal Application No.5654 of 2018 have prayed for quashing and setting aside Criminal Complaint No.5333 of 2017 pending before learned Chief Judicial Magistrate, Ahmedabad Rural, for the offences punishable under Sections 467, 468, 471 and 120(B) of the IPC. They have also sought quashment of all other consequential proceedings arising out of the aforesaid FIR/complaint qua the petitioners herein.
5. Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their differences by way of mutual settlement and pursuant to understanding arrived at between them, affidavits of respondent No.2 are filed, which are taken on record. The complainant - Dhulabhai Prajapati is present before the Court and submits that the parties have amicably settled the dispute and he has no objection if the questioned FIR/complaint are quashed. The relevant para of affidavit filed by respondent No.2 in Criminal Misc. Application No.9492 of 2014 reads as under :
"1. That I in capacity of the original first informant has lodged an FIR being C.R. No.49 of 2014 with Bopal Police Station, Ahmedabad (Rural), for the offences punishable under Sections 323, 448, 406, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code, as against which the captioned petition has been preferred by the petitioner.
2. I state and submit that as in view of settlement arrived between us and a clear understanding to the Page 2 of 5 Uploaded by GAURAV J THAKER(HC00951) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:28:15 IST 2025 NEUTRAL CITATION R/CR.MA/9492/2014 ORDER DATED: 24/04/2025 undefined effect that I give my consent in Special Criminal Application No. 5654 of 2018 and Criminal Misc. Application No.9492 of 2014 and the other side i.e. Jayaben Haribhai Sihora i.e. original first informant of FIR being C.R. No.36 of 2014 culminated into Criminal Case No.599 of 2018 and FIR being I-C.R. No.41 of 2014 culminated as Criminal Case No.214 of 2020 both pending in the Court at Sanand to reciprocate and give her consent in the said proceedings, both of us undertake to adhere to a said understanding arrived at.
3. That I further state and submit that any breach to the said mutual understanding arrived at between us, either of us, in case do not abide by what is stated in Para-2 of the above-captioned affidavit, it be kept open for either of the sides to resort to appropriate recourse as available under law, considering the same as a condition precedent for both the sides to act upon the consensus in eye of a settlement deed dated 18.07.2024 entered into between the parties and both the parties are expected to give their respective consents in all 15 prosecutions filed against one another and in case difficulties, it be kept open for both the parties to revive Criminal Misc. Application No.9492 of 2014 and Special Criminal Application No.5654 of 2018."
5.1 The relevant para of affidavit filed by respondent No.2 in Special Criminal Application No.5654 of 2018 are as follows :
"1. That I in capacity of the original first informant has lodged a Criminal Complaint No.5333 of 2017 before the Hon 'ble Chief Judicial Magistrate, Court, Ahmedabad Rural, for thé offences punishable under Sections 467, 468, 471 and 120B of the Indian Penal Code on 22.07.2017, as against which the captioned petition has been preferred by the petitioner.
2. I state and submit that as in view of settlement arrived between us and a clear understanding to the effect that I give my consent in Special Criminal Application No.5654 of 2018 and Criminal Misc. Application No.9492 of 2014 and the other side i.e. Jayaben Haribhai Sihora i.e. original first informant of Page 3 of 5 Uploaded by GAURAV J THAKER(HC00951) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:28:15 IST 2025 NEUTRAL CITATION R/CR.MA/9492/2014 ORDER DATED: 24/04/2025 undefined FIR being C.R. No.36 of 2014 culminated into Criminal Case No.599 of 2018 and FIR being I-C.R. No.41 of 2014 culminated as Criminal Case No.214 of 2020 both pending in the Court at Sanand to reciprocate and give her consent in the said proceedings, both of us undertake to adhere to a said understanding arrived at.
3. That I further state and submit that any breach to the said mutual understanding arrived at between us, either of us, in case do not abide by what is stated in Para-2 of the above-captioned affidavit, it be kept open for either of the sides to resort to appropriate recourse as available under law, considering the same as a condition precedent for both the sides to act upon the consensus in eye of a settlement deed dated 18.07.2024 entered into between the parties and both the parties are expected to give their respective consents in all 15 prosecutions filed against one another and in case difficulties, it be kept open for both the parties to revive Criminal Misc. Application No.9492 of 2014 and Special Criminal Application No.5654 of 2018."
6. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications as well as taking into consideration the decisions rendered 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) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that further continuation of criminal proceedings in relation to the impugned FIR/complaint against the petitioners would be unnecessary harassment to the Page 4 of 5 Uploaded by GAURAV J THAKER(HC00951) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:28:15 IST 2025 NEUTRAL CITATION R/CR.MA/9492/2014 ORDER DATED: 24/04/2025 undefined applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR/complaint would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
7. Resultantly, both these petitions are allowed. The impugned FIR being C.R.No.I-49 of 2014 registered with Bopal Police Station, Dist. Ahmedabad (Rural), for the offences punishable under Sections 323, 448, 406, 420, 465, 467, 468, 471 and 114 of the IPC and Criminal Complaint No.5333 of 2017 pending before learned Chief Judicial Magistrate, Ahmedabad Rural, for the offences punishable under Sections 467, 468, 471 and 120(B) of the IPC are hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR/complaint are also quashed and set aside. Accordingly, Rule is made absolute. Direct service is permitted.
(J. C. DOSHI, J) GAURAV J THAKER Page 5 of 5 Uploaded by GAURAV J THAKER(HC00951) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:28:15 IST 2025