Gujarat High Court
Devang Hiranand Vaghvani & 2 vs State Of Gujarat & on 7 September, 2016
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/22504/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 22504 of 2016
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DEVANG HIRANAND VAGHVANI & 2....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR VIVEK N MAPARA, ADVOCATE for the Applicant(s) No. 1 - 3
MR RONAK RAVAL, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 07/09/2016
ORAL ORDER
1. This application filed under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure is preferred for seeking quashment of the complaint being C.R.No.I31 of 2016 registered with Women Cell Police station, Ahmedabad for the offences punishable under sections 498A, 306, 323 and 114 of the Indian Penal Code and section 3 of the Dowry Prohibition Act.
2. Petitioner No.1 is the husband. Petitioners No.2 and 3 are fatherinlaw and motherinlaw respectively. Respondent No.2 and all petitioners Page 1 of 7 HC-NIC Page 1 of 7 Created On Sat Sep 10 01:37:11 IST 2016 R/CR.MA/22504/2016 ORDER are present before this Court. Due to intervention of family and friends, parties have chosen to settle the dispute amicably. Relying on the decision of the Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303, request is made to quash the proceedings on the ground that the dispute is of private nature and they have been resolved finally.
3. This Court has ascertained from the complainant, who is present before the Court and who has also vindicated the fact of compromise by way of her affidavit. It is also ascertained from the complainant that without any coercion and collusion she has entered into such compromise and she has no grievance left. She has also been returned all her articles of 'Stridhan' so also the amount towards permanent alimony. The relevant contents of which are reproduced hereunder: "(3) That I say and submit that I had lodged the impugned FIR against the Petitioners herein, due to certain differences, disputes and misunderstand between myself and Petitioner No.1 and that Page 2 of 7 HC-NIC Page 2 of 7 Created On Sat Sep 10 01:37:11 IST 2016 R/CR.MA/22504/2016 ORDER now all differences and disputes between myself and Petitioners have been amicably resolved, through community members, pursuant to which a deed of settlement has been executed between myself and Petitioner No.1 which settlement deed is executed by me with my own free wish, will and volition and without any undue influence, duress or coercion from any person, and that I agree and accept such Settlement Deed to be true and binding upon me.
(4) The salient understanding between the parties as narrated in the Deed of Settlement are succinctly stated as under: A. That myself and Petitioner No.1 have agreed to take divorce and part our ways amicably.
B. That a Joint Petition for Mutual Consent Divorce u/s 13B of the Hindu Marriage Act will be filed by myself and Petitioner No.1, before the Family Court at Ahmedabad, and that myself and Petitioner No.1 will accord reciprocal consent before the Family Court to obtain Mutual Consent Divorce. C. That the Petitioners will return all my 'Streedhan Ornaments' as specifically identified in the Settlement Deed. D. That the Petitioners will pay the amount, as agreed, as permanently and life time alimony to me.
E. That I shall withdraw all the Complaints, including the present impugned FIR, and any other proceedings filed by me against the Petitioners.
F. That I undertake not to file any proceedings, complaints, or raise any claim of any nature, whatsoever, against the Petitioners or their properties, at any time in future.
G. The Settlement arrived at between the parties is irrevocable and binding upon all the parties i.e. Petitioners and myself and my family members, and that all the parties are bound to adhere to such Settlement in letter and spirit."
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4. The settlement purshis is also brought on record.
Relevant paragraphs of the said purshis would be necessary to be reproduced: "(9) Respondent No.2 hereby declares that she has physically verified and inspected the articles listed in Schedule I of this Settlement Deed, and upon verification of the same, Respondent No.2 hereby identifies and acknowledges all such articles to be original articles belonging to her.
(10) Respondent No.2 hereby declares that the articles listed in Schedule I list is the complete inventory of all her "Streedhan" and belongings, lying with the Petitioners, and that now no other articles or belonging of Respondent No.2 remains with the Petitioners. (11) That in full and final settlement of all the claims of the Respondent No.2 towards permanent alimony, maintenance and life support from the Petitioners, arising under any and all of the relevant statues for the time being in force and any other statute that may be notified in future and under any customs prevailing between the parties, Respondent No.2 has proposed the amount, as one time full and final permanent life time maintenance/ alimony from the Petitioners, which amount proposed by the Respondent NO.2 is hereby accepted by the Petitioners and in pursuance of which Petitioners have paid the said amount to the Respondent No.2 in presence of her family members, and community members/mediators, receipt of which is hereby acknowledged by the respondent No.2."
5. The parties have taken the customary divorce, however, considering the fact that both are from Sindhi community, they have decided to approach the competent Court for the decree of divorce.
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6. Learned advocate Mr. Mapara appearing for the petitioner has urged that next week the parties would be moving an application for divorce by way of mutual consent under section 13B of the Hindu Marriage Act.
7. Having heard learned advocates for the parties and also having ascertained from the complainant so also from the settlement terms and her affidavit, this Court finds that for bringing lasting peace in both the families, when the parties have chosen to settle their disputes, no purpose is likely to be served to continue the prosecution. Some of the offences alleged in the complaint are not compoundable in nature. In wake of the decision of the Apex Court in the case of Gian Singh vs. State of Punjab and another(supra), this Court needs to intervene and quash the proceedings for the larger cause.
Relevant paragraphs of the said decision is reproduced hereunder: "53. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly Page 5 of 7 HC-NIC Page 5 of 7 Created On Sat Sep 10 01:37:11 IST 2016 R/CR.MA/22504/2016 ORDER speaking, the power of compounding of offences given to a court under Section 320 is materially different from the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment.
54. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens wellbeing of society and it is not safe to leave the crimedoer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without permission of the Court. In respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all.
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However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement,there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed."
8. In view of the above discussion, petition is allowed. C.R.No.I31 of 2016 lodged with Women Cell Police Station, Ahmedabad is quashed and set aside. All consequential proceedings arising from the said complaint are also quashed and set aside.
Direct service is permitted.
(MS SONIA GOKANI, J.) SUDHIR Page 7 of 7 HC-NIC Page 7 of 7 Created On Sat Sep 10 01:37:11 IST 2016