Gujarat High Court
Gamanbhai Sidibhai Gamit & 5 vs State Of Gujarat & on 6 April, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/19880/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 19880 of 2016
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GAMANBHAI SIDIBHAI GAMIT & 5....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS. KRUTI M SHAH, ADVOCATE for the Applicant(s) No. 1 - 6
MR.HIREN M MODI, ADVOCATE for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 06/04/2017
ORAL ORDER
1. Rule returnable forthwith. Ms. Pathak, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Hiren M. Modi, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.
2. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused seek to invoke the inherent powers of this court, praying for quashing of the first information report being I C.R. No. 39 of 2016 lodged before the Songadh Police Station, Dist: Tapi for the offences punishable under sections 323, 327, 366, 504, 506(2), 120(b) read with section 114 of the Indian Penal Code.
3. On 16.08.2016 the following order was passed by the co-
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R/CR.MA/19880/2016 ORDER
ordinate bench:
"1. The respondent No.2original complainant is a widow of late Shri Jaitunbhai Gamit. The petitioner Nos.1 to 3 are the inlaws of the respondent No.2. The respondent No.2 has lodged the first information report being IC. R. No.39 of 2016 registered with Songadh Police Station, District Tapi, for the offences punishable under sections 323, 327, 366, 504, 506(2), 120B and 114 of the Indian Penal Code. In the said first information report, she has made allegations against her inlaws and has shown her apprehension in relation to the life of her daughter. She has made serious allegations of abduction and also assault. The respondent No.2 is before this Court with a request that she has amicably settled the disputes with the petitioners and has also received a portion of amount flowing from the said compromise.
2. Let the memorandum of understanding arrived at by and between the parties be produced on record on the next date of hearing.
Let the matter appear on August 19, 2016. To be listed in top 10 matters.
Let the Investigating Officer remain present on the next date of hearing."
Thereafter on 19.08.2016 the following order was passed:
"This Court had passed the following order on 16th August, 2016:-Page 2 of 10
HC-NIC Page 2 of 10 Created On Tue Aug 15 18:02:27 IST 2017 R/CR.MA/19880/2016 ORDER "The respondent No.2-original complainant is a widow of late Shri Jaitunbhai Gamit. The petitioner Nos.1 to 3 are the in-laws of the respondent No.2. The respondent No.2 has lodged the first information report being I-C.R. No.39 of 2016 registered with Songadh Police Station, District Tapi, for the offences punishable under sections 323, 327, 366, 504, 506(2), 120B and 114 of the Indian Penal Code. In the said first information report, she has made allegations against her in-laws and has shown her apprehension in relation to the life of her daughter. She has made serious allegations of abduction and also assault. The respondent No.2 is before this Court with a request that she has amicably settled the disputes with the petitioners and has also received a portion of amount flowing from the said compromise. Let the memorandum of understanding arrived at by and between the parties be produced on record on the next date of hearing. Let the matter appear on August 19, 2016. To be listed in top 10 matters. Let the Investigating Officer remain present on the next date of hearing."
Today, before this Court, not only the Memorandum of Understanding but also the affidavit of the complainant are brought on record. It is reflected from the Memorandum of Understanding that the complainant is to be given the share of 27% from the work of lease which otherwise is to be handled by her in-laws.
Having heard learned Advocates on both the sides and on perusal of the documents, this Court is of the opinion that the compromise in the present form may not fully Page 3 of 10 HC-NIC Page 3 of 10 Created On Tue Aug 15 18:02:27 IST 2017 R/CR.MA/19880/2016 ORDER and finally settle the disputes between the parties. It is not desirable that any half hearted compromise may give rise to further litigation, particularly in relation to the 27% share which the complainant shall be entitled to. Not only does the operationalization of the compromise requires fine tunning, but it requires further consideration as far as modulating of its implementation is concerned. There are other issues which requires due consideration.
Ms. Kruti Shah, learned advocate appearing for the applicants submits that the applicants are already enlarged on anticipatory bail .
Let there be no charge-sheet till the report of the learned Mediator reaches this Court or or before 15th September, 2016. Considering the fact that both the parties are from the District Tapi, the Coordinator or Secretary of the District Legal Services Authority shall make an attempt to refer the disputes between the parties for amicable solution and for working out the modality through mediation.
Mr. Bhagirath Gadhavi, Dy.S.P. and the Investigating Officer who is present before this Court also ensures that he would play a positive role in working out this modality.
Let the matter appear on 15th September, 2016.
Copy of this order be given to learned APP and learned Page 4 of 10 HC-NIC Page 4 of 10 Created On Tue Aug 15 18:02:27 IST 2017 R/CR.MA/19880/2016 ORDER advocate for the parties for onwards communication."
4. The Principal District Judge, Tapi at Vyara, has forwarded his report by addressing a letter dated 14.09.2016 to this court. The letter reads as under:
"O.W.No.119/2016 Civil Court, Vyara Date: 14/09/2016 From, Nareshbhai G. Parmar Principal Senior Civil Judge & Secretary District Legal Service Authority, Tapi@Vyara To, The Hon'ble Registrar General High Court of Gujarat, Sola, ahmedabad Through, The Hon'ble Principal District Judge District Court, Tapi@Vyara.
Subject: Submission of Report In Criminal Misc. Application (For Quashing & Set aside FIR/Order) No.19880 of 2016 of Hon'ble High Court of Gujarat...
Hon'ble Sir, With reference to the subject noted above, I have the honour to humbly state that as per the oral order of Page 5 of 10 HC-NIC Page 5 of 10 Created On Tue Aug 15 18:02:27 IST 2017 R/CR.MA/19880/2016 ORDER Hon'ble High Court of Gujarat dated 19/08/2016 in criminal Misc. Application No.19880/2016, the undersigned has made in amicable atmoshere to settled the Dispute between the parties. I Hold four time Meetings with both the parties on various days, i.e. on 06/09/2016, 09/09/2016, 10/09/2016 & 14/09/2016 respectively. During these four meetings, all the parties and the Investigating Officer, Dy. S.P. Mr. Bhagirath Gadhavi, Mr. N.S. Pradhan the Ld. Advocate for the respondent and relatives of the respondent Ripkaben wd/o Jaitunbhai Gamit are remained present. Keeping in mind the future aspect of respondent Ripkaben and her daughter, I tried my level best to settle the matter through ADR method and resulting that all the parties of Criminal Misc. application No.19880 of 2016 are agreed to settle their dispute per settlement made by them.(a copy of memorandum is attached herewith). All parties of Memorandum of Understanding are agreed to follow the terms and conditions of Memorandum of Understanding. Myself and Dy.S.P. Mr. Bhagirath Gadhavi, has tried to secure the furure income of respondent i.e. Ripkaben wd/o. Jaintunbhai Gamit and her daughter. So, the respondent can be benefited henceforth as per compromise in future.
During the whole exercise all the parties and Mr. Bhagirath Gadhavi, Dy.S.P. and Investigating Officer has extended their full co-operation to me and thereby we succeeded to settle the matter.
As per the order of Hon'ble High Court of Gujarat, I Page 6 of 10 HC-NIC Page 6 of 10 Created On Tue Aug 15 18:02:27 IST 2017 R/CR.MA/19880/2016 ORDER herewith submit this report, which may kindly be accepted and obliged.
Thanking Your Honour.....
Yours Faithfully (N.G. Parmar) Principal Senior Civil Judge & Secretary, District Legal Service Authority, Tapi@Vyara."
5. Along with the letter the terms of settlement arrived at between the parties duly signed has also been annexed. The same is ordered to be taken on record. The first informant is personally present in the court today. She has confirmed about the settlement arrived at between the parties. She has filed an affidavit, inter alia, stating as under:
"I, Ripkaben Wd/o Jaitunbhai Gamit, age 28 years, Female, Residing at village Ghodi Ruvadi, respondent no.2 - complainant, do hereby solemnly affirm and declare as under:
(1) That, I have filed an FIR against the applicant being I-CR No.39 of 2016 before the Songadh Police Station, Tapi for the offence under Section 323, 327, 366, 504, 506(2), 120(b) and 114 of the Indian Penal Code, 1980.
(2) Pursuant to the said FIR, after intervention of the elderly people of the society, misunderstanding between myself and applicant is removed and we have arrived the settlement. It is submitted that the applicants have filed Page 7 of 10 HC-NIC Page 7 of 10 Created On Tue Aug 15 18:02:27 IST 2017 R/CR.MA/19880/2016 ORDER the present application for quashing of the complaint since the matter is settled between the parties. It is submitted that the mater was come up for hearing on 19/08/2016 and we both parties were remained present before this Hon'ble Court and also have placed the settlement on record.
(3) It is submitted that pursuant to settlement arrived between the parties, the applicant have to give share the sand lease every month that is 27% and roughly the amount come to Rs.30,000/-.
(4) It is submitted that after hearing both the parties this Hon'ble Court by order dated 19/08/2016 accepted the settlement but at the same time certain directions issued that Secretary of District Legal Services Authority and Mr. Bhagirath Gadhavi, Dy. S.P. and the investigating officer also ensure that modality will be worked out. The copy of the order dated 19/08/2016 is annexed herewith and marked as ANNEXURE:-R1.
(5) It is submitted that pursuant to the order of this Hon'ble Court, the both the officers have called both the parties and in their presence the settlement taken place and both the parties have executed the Settlement Deed. It is submitted that pursuant to settlement the applicant is paying Rs.30,000/- every month to the respondent - complainant i.e. myself. In future also they will continue to pay Rs.30,000/- till the lease will continue in my name, which is managed by the applicant. The settlement deed executed dated 14/09/2016 is annexed Page 8 of 10 HC-NIC Page 8 of 10 Created On Tue Aug 15 18:02:27 IST 2017 R/CR.MA/19880/2016 ORDER herewith and marked as ANNEXURE:-R2.
(6) I say that as per my knowledge, the officers have already place their report before this Hon'ble Court.
(7) The applicants are paying Rs.30,000/- per month to me and to show this fact the passbook of the bank is annexed herewith and marked as ANNEXURE:-R3.
(8) I say and submit that, I have no objection if the impugned FIR and any other consequential proceedings there under, registered against the applicant are quashed and set aside and all the proceedings against the applicant may put to an end. I am filing this affidavit for giving my consent for quashing of all the aforesaid proceedings and I have entered in to the settlement on my own will.
What is stated herein above is true and correct and the annexure produced with this affidavit are true copies of their originals.
Solemnly affirmed at Ahmedabad on this 6th day of April 2017."
6. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.
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7. In the result, this application is allowed. The first information report being I C.R. No. 39 of 2016 lodged before the Songadh Police Station is hereby ordered to be quashed. All consequential proceedings arising from the same also stands terminated. The parties are directed to strictly abide by the terms and conditions of the settlement arrived at and reduce into writing. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Hiren M. Modi, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
(J.B.PARDIWALA, J.) Dolly Page 10 of 10 HC-NIC Page 10 of 10 Created On Tue Aug 15 18:02:27 IST 2017