Gujarat High Court
Sagar Pravinbhai Rathod Dalit vs State Of Gujarat on 29 August, 2018
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/15984/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15984 of 2018
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SAGAR PRAVINBHAI RATHOD DALIT
Versus
STATE OF GUJARAT
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Appearance:
MRS REKHA H KAPADIA(2246) for the PETITIONER(s) No. 1,2,3
MS KHUSHBOO THAKORE, LD.ADV. for the RESPONDENT(s) No. 2
MS MD MEHTA, LD.APP(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 29/08/2018
ORAL ORDER
1. Heard the learned advocates appearing for the respective parties. Learned advocate Ms.Khushboo P. Thakore states that she has an instructions to appear for respondent No.2 complainant. She is permitted to file her appearance forthwith.
2. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents.
3. Considering the issue involved in the present petition 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 No.2 has been resolved amicably, this petition is taken up for final disposal forthwith.
4. By way of this petition under Article 14, 21 and 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), the petitioners have prayed for quashing and setting aside F.I.R.
Page 1 of 4R/CR.MA/15984/2018 ORDER bearing C.R. No.I- 58 of 2018 registered with Junagadh "C" Division Police Station, for the commission of offence punishable under Sections 365, 342, 387, 504, 323, 506(2), etc. of the Indian Penal Code & Section 135 of the Gujarat Police Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners.
5. Learned advocate for the petitioners has taken this Court through the factual matrix arising out of the present petition. 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 petitioners. It is submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the petitioners and respondent No.2 is resolved. 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 petition as prayed for.
6. Learned Additional Public Prosecutor appearing for the State has opposed the present petition and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present petition may be rejected.
7. Learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the petitioners. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 dated 23.08.2018. 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, Page 2 of 4 R/CR.MA/15984/2018 ORDER respondent No.2 has declared before this Court that the dispute between the petitioners and respondent No.2 is resolved and therefore, now the grievance stands redressed. It is therefore submitted that the present petition may be allowed.
8. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present petition as well as Affidavit filed by the complainant, in my opinion, this petition requires consideration.
I have also taken 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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the petitioners would be unnecessary harassment to the petitioners. I have also considered the latest decision of the Hon'ble Supreme Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat, Criminal Appeal No.1723 of 2017 dated 4.10.2017 and the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly paragraph 15. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. 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.
Page 3 of 4R/CR.MA/15984/2018 ORDER
9. Resultantly, this petition is allowed and the impugned F.I.R. bearing C.R. No.I- 58 of 2018 registered with Junagadh "C" Division Police Station, for the commission of offence punishable under Sections 365, 342, 387, 504, 323, 506(2), etc. of the Indian Penal Code & Section 135 of the Gujarat Police Act, is hereby quashed and set aside qua the petitioners. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua the petitioners. Accordingly, Rule is made absolute.
Direct service is permitted.
[A.J.DESAI, J.] *dipti Page 4 of 4