Gujarat High Court
Jaymitkumar Vadilal Patel vs State Of Gujarat & on 21 September, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/11739/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 11739 of 2017
(FOR QUASHING & SET ASIDE FIR/ORDER)
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JAYMITKUMAR VADILAL PATEL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR JV JAPEE, ADVOCATE for the Applicant(s) No. 1
MR JIGAR G GADHAVI, ADVOCATE for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 21/09/2017
ORAL ORDER
1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Jigar Gadhavi appearing for the respondent No. 2 states the matter is amicably settled between the parties and he has also produced copies of affidavit filed by the respondent No.2 - original complainant and her husband.
2. 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.
3. 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 FIR bearing C.R.No. I-32 of 2017 registered with Jadar Police Station, Sabarkantha for the commission of offence punishable under Sections 366, 376 and 506(2) etc. Page 1 of 7 HC-NIC Page 1 of 7 Created On Mon Sep 25 01:14:43 IST 2017 R/CR.MA/11739/2017 ORDER of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicant.
4. 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. He has also produced a copy of affidavit on behalf of the petitioner, which is taken on record. 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.
5. Affidavit filed by the petitioner dated 21.07.2017 reads as under:
"I, Jaimitkumar Vadilal Patel, petitioner - original accused, aged 27 years, residing at Sudrasana, Taluka Idar, District Sabarkantha filed the present affidavit on solemn affirmation on oath as hereunder:
1. It is humbly stated and submitted that the deponent herein is the original accused in First Information Report being C.R.No. 32 of 2017 dated 02.05.2017 registered with Jadar Police Station for the offence punishable under Sections 366, 376 and 506(2) of the Indian Penal Code. The said FIR was registered by the respondent no. 3 against the deponent - applicant.
2. It is most humbly submitted that in the present case, during the Page 2 of 7 HC-NIC Page 2 of 7 Created On Mon Sep 25 01:14:43 IST 2017 R/CR.MA/11739/2017 ORDER pendency of the petition, settlement has been arrived at between the complainant and the deponent due to the intervention of the leaders of the village and other relatives.
3. It is most humbly submitted that in the present case, a full and final settlement has taken place, due to the intervention of the local persons and leaders of the society, and therefore, when the complainant has given consent for the FIR impugned, it is hereby declared that the deponent - original accused herein shall not file any complaint or any other proceedings before any Court of law or authority in India by himself or through his family members or relatives in connection with the present case being C.R.No. 32 of 2017 dated 02.05.2017 registered with Jadar Police Station for the offence punishable under Sections 366, 376 and 506(2) of the Indian Penal Code.
4. The deponent further states that the consent for the quashment of the FIR is made out due to the intervention of the leaders of the society and other local persons and the same is done on the agreement between the deponent complainant and the applicant and his relatives and family members that they shall not file any complaint or any other proceedings before any Court of law and/or any authority in India and the settlement shall not be inferred or quoted as falsity of FIR anywhere.
5. Therefore, the deponent states that a full and final amicable settlement has been arrived at between the applicant and deponent and therefore, the present affidavit is filed. Since the entire dispute between the applicant and the deponent has settled completely.
6. It is further humbly stated that the deponent is being explained the contents of the present affidavit.
What is stated herein above is true to the best of my knowledge and belief and I believe the same to be true and correct."
6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that Page 3 of 7 HC-NIC Page 3 of 7 Created On Mon Sep 25 01:14:43 IST 2017 R/CR.MA/11739/2017 ORDER 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 - Palakben Naimeshkumar Patel dated 21.9.2017 as well as affidavit of the husband of the respondent No. 2. 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 and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
8. Affidavit filed by respondent No. 2 - original complainant reads as under:
"I, Palakben Naimeshkumar Patel, respondent No. 2 - original complainant, Aged 28 years, Regising at village Sundrasana, Taluka Idar, District Sabarkantha file the present affidavit -in-reply on solemn affirmation on oath as hereunder:
1. It is humbly states and submitted that the deponent herein is the original complainant in First Information Report being C.R.No. 32 of 2017 dated 02.05.2017 registered with Jadar Police Station for the offences punishable under Section 366, 376 and 506(2) of the Indian Penal Code. The said FIR was registered by the deponent against the present applicant.
2. It is most humbly submitted that I have gone through the contents of the present application and I have seen the prayers made in the application which is for the quashment of the impugned FIR. I, therefore, state that I am competent and able Page 4 of 7 HC-NIC Page 4 of 7 Created On Mon Sep 25 01:14:43 IST 2017 R/CR.MA/11739/2017 ORDER to understand the present application and its prayer and therefore, I file the present affidavit.
3. It is most humbly submitted that the aforesaid FIR was registered by me. However, subsequently, a settlement has been arrived at between applicant herein and the deponent original complainant of the aforesaid FIR due to the intervention of the leaders of the village and other relatives.
4. It is most humbly submitted that in the present case, a full and final settlement has taken place, due to the intervention of the local persons and leaders of the society, and therefore, the deponent herein states that the deponent has no objection, if the FIR impugned may be quashed and set aside and prayer of the same made in connection with the aforesaid FIR being C.R.No. 32 of 2017 dated 02.05.2017 registered with Jadar Police Station for the offences punishable under Sections 366, 376 and 506(2) of the Indian Penal Code may be quashed and set aside.
5. The deponent further states that the consent for the quashment of the FIR is made out due to intervention of the leaders of the society and other local persons and the same is done on the agreement between the deponent - complainant and the applicant and his relatives, and family members that they shall not file any complaint or any other proceedings before any Court of the law and/or any authority in India and the settlement shall not be inferred or quoted as falsity of FIR anywhere.
6. Therefore, the deponent states that a full and final amicable settlement has been arrived at between the applicant and deponent and therefore, the present affidavit is filed. Since the entire dispute between the applicant and the deponent has settled completely, the deponent declares that she has no objection if the present application may be allowed and the impugned FIR being C.R.No.32 of 2017 dated 02.05.2017 registered with Jadar Police Station for the offences punishable under Sections 366, 376 and 506(2) of the Indian Penal Code Page 5 of 7 HC-NIC Page 5 of 7 Created On Mon Sep 25 01:14:43 IST 2017 R/CR.MA/11739/2017 ORDER may be quashed and set aside.
7. It is further humbly stated that the deponent is being explained the contents of the present affidavit.
what is stated herein above is true to the best of my knowledge and belief and I believe the same to be true and correct."
9. Affidavit filed by the husband of the original complainant dated 21.09.2017 reads as under:
I, Naimeshkumar Vishnubhai Patel, husband of Palakben Naimeshkumar Patel, respondent No. 2 - original complailnant, Aged 24 years, residing at village Sudrasana, Taluka Idar, District Sabarkantha, file the present affidavit on solemn affirmation on oath as hereinunder:
1. I state that I am husband of Palakben Naimeshkumar Patel, who is the original complainant of C.R.No. 32 of 2017 dated 02.05.2017 registered with Jadar Police Station for the offences punishable under Section 366, 376 and 506(2) of the Indian Penal Code in connection with which the present application for quashment of FIR is filed.
2. It is humbly submitted that I am aware about the contents of aforesaid FIR and contents of the present quashment application wherein settlement has been arrived at between the parties and my wife Palakben Naimeshkumar Patel has given free consent for quashment of the FIR.
3. It is humbly submitted that I shall not file any case or any other proceedings before any Court or any authority of India in connection with the present case in future.
4. It is submitted that I am explained the contents of the present affidavit."
10. 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 Page 6 of 7 HC-NIC Page 6 of 7 Created On Mon Sep 25 01:14:43 IST 2017 R/CR.MA/11739/2017 ORDER 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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. 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.
11. Resultantly, this application is allowed and the impugned FIR bearing C.R.No. I-32 of 2017 registered with Jadar Police Station, Sabarkantha filed against the present applicant is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicant.
12. Rule is made absolute. Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
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