Gujarat High Court
Manish Hariram Wadhwani & 3 vs State Of Gujarat & on 28 September, 2016
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/10311/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 10311 of 2016
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MANISH HARIRAM WADHWANI & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS DIMPLE A THAKER, ADVOCATE for the Applicant(s) No. 1 - 4
MR HIREN P VYAS, ADVOCATE for the Respondent(s) No. 2
MR PM VYAS, ADVOCATE for the Respondent(s) No. 2
MS SEJAL H VYAS, ADVOCATE for the Respondent(s) No. 2
MR RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 28/09/2016
ORAL ORDER
1. The disputes essentially are amongst the family members. The applicants herein are from the same family, who are arraigned as accused in C.R.No.I 39 of 2013 registered with Naranpura police station, Ahmedabad for the offences punishable under sections 406, 420, 120(B), 498(A) and 506(2) of the Indian Penal Code.
2. This Court had referred the parties to resolve Page 1 of 23 HC-NIC Page 1 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER their disputes to the High Court Mediation Centre considering that it was a dispute amongst the siblings and also involve immovable and movable properties. It could be noticed that due to intervention of the High Court Mediation Centre, the parties have agreed to resolve their disputes amicably. Learned advocates for the parties also have contributed sufficiently for settling the disputes and the consent terms arrived at between the parties which have been reduced into writing.
3. The complainant is present with her husband and so is the second brother, who is brotherin law of the complainant. Petitioner No.1 is also the brother in law of respondent No.2 and the petitioner No.2 is sisterinlaw of the complainant, whereas petitioner No.2 no.3 and 4 are parents of petitioner No.2. It emerges from the record that the parties were litigating before the City Civil Court in Civil Suit No.1106 of 2011. Protracted litigation have ended into an amicable settlement of all the disputes wherein, all the properties have been mutually divided, by reducing such understanding by way of the consent Page 2 of 23 HC-NIC Page 2 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER terms. Not only the extensive consent terms have been drawn, but, the manner of their execution also has been detailed. It is expected that the parties would abide by the same and shall also ensure their faithful execution.
4. The consent terms dated 27.9.2016 along with AnnexuresA,B and C are forming part of the record which are taken on record. This settlement termed as 'consent terms' along with Annexures A,B and C are reproduced hereunder: " All the parties with their mutual understanding have decided the below mentioned consent terms :
1. Concerned parties have entered into settlement in City Civil court in City Civil Case No.1106/11 with exh.no.44 on 23/4/2016 in City Civil Judge Shri N.L. Dave Court. On the basis of that settlement the court have passed the order and decree with exh.45 on 27/4/16. According to that settlement consent terms and decree F.I.R. No.39/13 is to be get quashed which was filed by Kavita Hemendra Vadhvani. And for that Manish Hariram Vadhvani has filed Cri. Quashing Petition bearing No.10311/16. That in the said petition Honourable Gujarat High Court has sent the matter to the mediation centre as per order dt.19/7/2016. All the parties have settled the matter on the basis of following consent terms as mentioned herein below. Parties have entered into agreement to make it Page 3 of 23 HC-NIC Page 3 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER legally entitlement to conduct and implement. And that no parties are at liberty to raise any objection or obstruction in implementation of decree passed in C.S. No.1106/11 and consent terms taken place between the parties in Mediation Centre of High Court.
2. If the complaint No.39/13 is quashed in petition no.10311/16 than in accordance to civil suit no.1106/11 exh.45 decree which is passed by City Civil court, Manish Hariram Vadhvani has to execute 3 (three) non consideration sale deed in sequence mentioned in Annexure'B'. That the three Bin Avajee Sale Deeds are to be executed as per the name of the decree passed in C.S. No.1106/11. And all the expenses are to be beared by Vendee i.e. Hemendra Hariram Vadhvani and Naresh Hariram Vadhvani. All the parties has to follow sequence decided in Annexure'B' mentioned in. If the either party does not follow the sequence decided in annexure'B' than other party can take action against the defaulter party. Due to some situation or some reason if parties could not fulfill or complete the formalities mentioned in Annexure'B'of the schedule in that case next date will be fixed as per the order of the concerned court or authorities.
2.(a) That before the quashing of Cri. Complaint No.39/13 all the necessary documents written i.e. sale deed, affidavits, they should have to be prepared on necessary stamp papers affixing the photographs of the concerned parties and will be signed by respective parties. And all the signed documents will be handed over to the respective parties as mentioned in annexure'A'after the copy of order Page 4 of 23 HC-NIC Page 4 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER of quashing is received and all the proceedings mentioned in Annexure'B'will be initiated as soon as the order of copy is received. Parties will be able to transfer the property in their respective names according to the sale deed executed as per the decree passed in Case No.1106/11.
3. All the expenses of Stamp duty, registration charges, conveyance charges, permission expenses, advocate fees, etc. relating to the sale deed are to be bared by party in whose favor the sale deed is executed i.e. vendee. All the expenses relating to the permission for the name transfer of property is to be bared by vendee i.e. in whose favor the sale deed is executed.
4. That after the approval of three sale deed of shop no.228, 235, 10 and one consent letter of relief road shop. All the documents will be kept ready and will be exchanged by parties after the Honourable High Court passes the order for quashing in the aforesaid subject matter. And if the F.I.R. No.39/13 is not quashed in petition no.10311/16, then all the original documents mentioned in Annexure'C' will not be exchanged and will be handed over to Manish Hariram Vadhvani and all the signed documents that are mentioned in Annexure'A' will be given back to the respective parties as mentioned in Annexure'A'. And nobody has to take any objection while returning the original documents to Manish Hariram Vadhvani.
5. That the consent term which was taken place between the parties for C.S.No.1284/11, that purshish of consent term after quashing of Cri. Complaint No.39/13 in petition Page 5 of 23 HC-NIC Page 5 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER no.10311/16 and before executing or registration of sale deed that consent term are to be placed in respective court in City Civil Court and all the parties have to cooperate to each other and have to remain present before the City Civil Court for obtaining the decree as per the consent term in C.S.No.1284/11. And on the same day Manish Hariram Vadhvani has to be mutated his name in the place of his father's name in PSRP No.3/13 and both the PSRP No.3/13 and 4/13 are to be withdrawn after quashing of Cri. Complaint No.39/13. If F.I.R. No.39/13 is not quashed in C.R.M.A. No.10311/16 than the above consent terms which is already been signed by all parties for Civil Suit No. 1284/11 shall be destroyed in front of all parties who has signed that document and in front of all advocates and PSRP No.3/13 and 4 /13 will not be withdrawn.
6. In accordance to the decree that the shop situated on Relief Road, Zaveri Vad, known as Kamal Pan Parlour, A.M.C. is the owner of the said shop and the third party C.S.No.435/12 is pending before City Civil Court and Hariram Chandiram Vadhvani has filed the case for possession which is also pending in City Civil Court, Case No.843/12. All the above facts are known by Naresh Hariram Vadhvani. Manish Hariram Vadhvani and Naresh Hariram vadhvani have to give necessary consent to Naresh Hariram Vadhvani for transferring the said shop in his name in record of A.M.C. after quashing of F.I.R. No.39/13 in petition no.10311/16. That in future if for obtaining the possession of the said shop of relief road, zaveri vad, Kamal Parlour. Further litigation if Page 6 of 23 HC-NIC Page 6 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER required will be done by Naresh Hariram Vadhvani and all the expenses for the said properties are to be bared by Naresh Hariram Vadhvani as per the decree of Civil Suit No.1106/11.
7. Naresh Hariram Vadhvani and Hemendra Hariram Vadhvani have accepted and admitted the facts that the deceased Mohiniben Hariram Vadhvani has made registered Will on 18/11/2008 bearing registration no.18089 and said registered Will has been accepted and admitted and that as per the registered Will of deceased father, Manish Hariram Vadhvani is the beneficiary of the said registered Will dt.18/11/2008. So whatever lying in the S.B. Account No.201310100023356 of Bank of India, Relief Road Branch, which is in the name of mother Mohiniben Hariram Vadhvani, Manish Hariram Vadhvani has to take that amount including the amount of interest. For withdrawal of the said amount Hemendra Hariram Vadhvani and Naresh Hariram vadhvani has to give requisite consent and affidavit for the same withdrawal of the said amount in the Bank of India. This affidavits are to be signed and kept ready and will be handed over to Manish Hariram Vadhvani as per mentioned in Annexure'A'. Hemendra Hariram vadhvani and Naresh Hariram Vadhvani have to remain present as and when their presence is required.
That in similar way Activa No.GJ1EK1899 which is stand in name of Naresh Hariram Vadhvani and Maruti WagonR Motor Car No.GJ1HP279 which is in the name of Mohiniben Hariram Vadhvani and Maruti Van Car No.GJ1 HQ1899 which is in the name of Hariram Chandiram Vadhvani are to be Page 7 of 23 HC-NIC Page 7 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER transferred in the name of Manish Hariram Vadhvani. For that Naresh Hariram Vadhvani and Hemendra Hariram Vadhvani has to sign requisite form and necessary affidavits as per R.T.O. law and have to remain present as and when their presence is required before R.T.O. Officer in R.T.O. and will give necessary consent and No Objection for transfer of vehicle in name of Manish Hariram Vadhvani. All parties have to follow Annexure'A' for distribution of documents after the order of quashing is received.
In the same manner five L.I.C. policy No.(1) 834447926 (2) 837313505 (3) 837317554 (4) 836230292 (5) 836228354. Necessary requisite forms and affidavits are to be signed by Hemendra Hariram Vadhvani and Naresh Hariram Vadhvani for obtaining and getting the said amount of five policies in favour of Manish Hariram Vadhvani. And Naresh Hariram Vadhvani and Hemdnra Hariram Vadhvani will remain present as and when required at L.I.C. Branch from where the policies are taken. And will give necessary consent in favour of Manish Hariram Vadhvani for getting amount of policies. The same duly signed forms and affidavits will be handed over to Manish Hariram Vadhvani after quashing and nobody have to take any objection for that amount of L.I.C. policies mentioned above.
That Naresh Hariram Vadhvani and Hemendra Hariram Vadhvani having all documents pertaining to the address of 5/B, Satyavadi Society, Usmanpura and 1224, Chokha Vatiya Pole, Dhana Sutharni Pole, Relief Road, Ahmedabad, they have to be cancelled and they are to be changed in their own address where they are staying now and for changing their Page 8 of 23 HC-NIC Page 8 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER address requisite affidavits are to be made by them and after quashing of criminal complaint 39/13 in petition no.10311/16 affidavits will be given to Manish Hariram Vadhvani as per mentioned in Annexure'A'.
8. That as there is settlement between parties in C.S.No.1106/11 and also settlement has been taken place for gold ornaments and hence in future for all the properties of parents Hariram Chandiram Vadhvani and Mohini Hariram Vadhvani - no parties have to file any suit and no disputes are to be raised by parties and parties have settled the accounts of their deceased parent's movable and immovable properties and hence in future no parties have to file any suit or criminal complaint against each other and if filed by any party that party has liberty to get it dismissed in view of the settlement and decree passed in civil suit no.1106/11.
That parties are here to agree as per the above mentioned terms they have to execute three sale deeds without any consideration and necessary documents like affidavits and forms as per requirement of parties and parties have to follow sequence mentioned in Annexure'B'. For following of the sequence mentioned in Annexure'B'all the parties have to cooperate each other for registration of sale deed and for notarizing of affidavits mentioned in annexure'A'. And have to remain present at Registrar Office and before respective authorities for the completion of sequence mentioned in Annexure'B'. If in any condition F.I.R.No.39/13 is not quashed in petition no.,10311/16 than all the signed documents are not to be exchanged and will be given back to Page 9 of 23 HC-NIC Page 9 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER the respective parties as mentioned in Annexure'A'. If the F.I.R.No.39/13 is revived in any case by the respondents against the present applicants than the properties given by the present applicant No.1 i.e. Manish Hariram Vadhvani as per this consent terms signed by the parties in the present application will be deemed to be revoked and cancelled. The respondent will not have any right over the properties mentioned in Annexure'A'. And the original documents given by the original applicant no.1 to the respondents in pursuance of present consent terms shall be handed over back to the applicant no.1. That the said Annexures'A','B','C', will be the part and parcel of the above mentioned consent terms. Parties have understood the terms of this settlements and signed the same on their free will and without coming into any kind of influence or pressure.
1. In view of the above terms, parties pray to the Honourable High Court to pass the order in terms of this settlement herein above."
"Annexure'A' List of Documents that are to be signed and kept ready as per finalising.(1)
Panchkuwa Shop No.235 :
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Hemendra Hariram Vadhvani. (A) Sale Deed of Panchkuwa Shop No.235 in favour of Hemendra Hariram Vadhvani (60%), Naresh Hariram Vadhvani (25%), Sneha Ramesh Devnani (15%). (B) Letter to the association by Manish for name transfer in share Page 10 of 23 HC-NIC Page 10 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER certificate of Shop No.235 from Hariram Chandiram Vadhvani to Manish Hariram Vadhvani.
(C) No Objection Letter by Manish for name transfer in share certificate of Shop No.235 from Manish Hariram Vadhvani to Hemendra Hariram Vadhvani (60%), Naresh Hariram Vadhvani (25%) and Sneha Ramesh Devnani (15%).
- If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Manish Hariram Vadhvani.
(1)Panchkuwa Shop No.228 :
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Hemendra Hariram Vadhvani. (A) Sale Deed of Panchkuwa Shop No.228.
(B) No Objection Letter by Manish for name transfer in share certificate of Shop No.228 from Manish Hariram Vadhvani to Hemendran Hariram Vadhvani.
- If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Manish Hariram Vadhvani.
(1)Shop No.10, Agrawal Centre, Incometax, Ashram Road, Ahmedabad.
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Naresh Hariram Vadhvani.
(A) Sale Deed of Shop No.10, Agrawal Centre, Ashram Road, Ahmedabad, in favour of Naresh Hariram Vadhvani (80%), Sneha Ramesh Devnani (20%). (B) Letter to the association by Manish for name transfer in share certificate of Shop No.10 from Hariram Chandiram Vadhvani to Manish Hariram Vadhvani.
(C) No Objection Letter by Manish for Page 11 of 23 HC-NIC Page 11 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER name transfer in share certificate of Shop No.10 from Manish Hariram Vadhvani to Naresh Hariram Vadhvani (80%), Sneha Ramesh Devnani (20%).
- If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Manish Hariram Vadhvani.
(1)Relief Road, Zaveri Vad, Kamal Parlour :
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Naresh Hariram Vadhvani.
(A) Letter to the A.M.C. for name transfer in Ahmedabad Municipal Corporation.
(B) Consent Letter from Manish Hariram Vadhvani for releasing his name in A.M.C. for the said shop.
(C) Consent Letter from Hemendra Hariram Vadhvani for releasing his name in A.M.C. for the said shop.
- If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Manish, Hemendra Hariram Vadhvani.
(1)For Bank of India, Relief Road Branch :
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Manish Hariram Vadhvani.
(A) Consent Letter from Hemendra Hariram Vadhvani for amount transfer in S.B. Account No.201310100023356 of Bank of India of Relief Road Branch. (B) Consent Letter from Naresh Hariram Vadhvani for amount transfer in S.B. Account No.201310100023356 of Bank of India of Relief Road Branch.
- If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Naresh, Hemendra Hariram Vadhvani.
Page 12 of 23 HC-NIC Page 12 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER (1) For R.T.O. Vehicle name transfer : - If F.I.R. No.39/13 is quashed in
petition No.10311/16 than below documents will be handed over to Manish Hariram Vadhvani.
(A) For Vehicle Number GJ1EK1899 Activa.
Consent Letter from Naresh Hariram Vadhvani for Vehicle name transfer in R.T.O. in name of Manish.
(B) For Vehicle Number GJ1HQ1899 Maruti Van.
Consent Letter from Naresh Hariram Vadhvani for Vehicle name transfer in R.T.O. in name of Manish.
Consent Letter from Hemendra Hariram Vadhvani for Vehicle name transfer in R.T.O. in name of Manish.
(C) For Vehicle Number GJ1HP279 Maruti WagonR. Consent Letter from Naresh Hariram Vadhvani for Vehicle name transfer in R.T.O. in name of Manish.
Consent Letter from Hemendra Hariram Vadhvani for Vehicle name transfer in R.T.O. in name of Manish
- If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Naresh, Hemendra Hariram Vadhvani.
(1)For Life Insurance Corporation Policy :
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Manish Hariram Vadhvani.
(A) Consent Letter from Hemendra Hariram Vadhvani for amount transfer of L.I.C. policies in name of Manish Hariram Vadhvani.
(B) Consent Letter from Naresh Hariram Vadhvani for amount transfer of L.I.C. policies in name of Manish Hariram Vadhvani.
- If F.I.R. No.39/13 is not quashed
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in petition No.10311/16 than above documents will be handed over to Naresh, Hemendra Hariram Vadhvani.
(1)For Address Proof change :
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Manish Hariram Vadhvani.
(A) Consent Letter from Hemendra Hariram Vadhvani for address change of
5.B, Satyavadi Society and 1224, Chokha Vatiya Pole, Dhana Suthar's Pole, Relief Road.
(B) Consent Letter from Naresh Hariram Vadhvani for address change of 5.B, Satyavadi Society and 1224, Chokha Vatiya Pole, Dhana Suthar's Pole, Relief Road.
- If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Naresh, Hemendra Hariram Vadhvani.
(9) For Name transfer in property situated at Relief Road, No. 1224 :
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Manish Hariram Vadhvani.
(A) Consent Letter from Hemendra Hariram Vadhvani for property name transfer in name of Manish Hariram Vadhvani of H.No. 1224, Chokha Vatiya Pole, Dhana Suthar's Pole, Relief Road, Ahmedabad.
(B) Consent Letter from Naresh Hariram Vadhvani for property name transfer in name of Manish Hariram Vadhvani of H.No. 1224, Chokha Vatiya Pole, Dhana Suthar's Pole, Relief Road, Ahmedabad.
- If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Page 14 of 23 HC-NIC Page 14 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER Naresh, Hemendra Hariram Vadhvani. (10) Consent Letter from all the parties for work completed as per the schedule of consent terms in Gujarat High Court and Decree passed in City Civil Case No.1106/11.
- If F.I.R. No.39/13 is quashed in petition No.10311/16 than below documents will be handed over to Manish, Hemendra, Naresh Hariram Vadhvani.
(A) Consent Letter from Hemendra Hariram Vadhvani to Manish Hariram Vadhvani.
(B) Consent Letter from Naresh Hariram Vadhvani to Manish Hariram Vadhvani. (C) Consent Letter from Manish Hariram Vadhvani to Naresh Hariram Vadhvani. (D) Consent Letter from Manish Hariram Vadhvani to Hemendra Hariram Vadhvani. (E) Consent Letter from Kavitaben Hemendra Vadhvani to Manish Hariram Vadhvani.
If F.I.R. No.39/13 is not quashed in petition No.10311/16 than above documents will be handed over to Naresh, Hemendra and Manish Hariram Vadhvani, Kavita Hemendra Vadhvani."
" Annexure'B' SCHEDULE OF SEQUENCE ARE AS UNDER AND AFTER ORDER OF QUASHING OF CRIMINAL COMPLAINT NO.39/13 IN CRIM. MISC. APPLICATION NO. 10311/16 IS RECEIVED. FOLLOWING SEQUENCE IS TO BE FOLLOWED.
1. On the 2 n d day of receiving of quashing order : Consent terms Purshish signed by Hemendra Hariram Vadhvani, Naresh Hariram Vadhvani and Manish Hariram Vadhvani in C.S. No. 1284/11 will be read by all the parties and will be submitted before respective Page 15 of 23 HC-NIC Page 15 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER Honourable City Civil Court. And all the parties and their advocates have to remain present in City Civil Court and get the order and decree passed as per the consent terms in the High Court. And on the same day both the PSRP No.3/13 and 4/13 are to be withdrawn by Manish Hariram Vadhvani.
2. On the 3 r d day of receiving of quashing order : Manish Hariram Vadhvani will get the notarized affidavit of his mother inlaw and fatherinlaw and will give to Hemendra Hariram Vadhvani. And Hemendra, Naresh Hariram Vadhvani will give affidavits of cancelling of address proof of 5/B, Satyavadi Society, Usmanpura, Ahmedabad and H.No.1224, Chokha Vatiya Pole, Dhana Suthar Pole, Relief road, Ahmedabad to Manish Hariram Vadhvani.
3. On the 4 t h day of receiving of quashing order : Manish Hariram Vadhvani will execute Regd. Sale Deed of Shop No.228 to Hemendra Hariram Vadhvani and Agrawal Centre Shop No.10 Sale Deed to Naresh Hariram Vadhvani before the Sub Registrar and against that registered sale deed Hemendra Hariram Vadhvani and Naresh Hariram Vadhvani has to execute the necessary documents and notarized affidavits and forms of L.I.C. and R.T.O. and have to remain present before R.T.O. or L.I.C. respective Officers personally as and when required in R.T.O. and L.I.C. offices as per consent terms.
4. On the 5 t h day of receiving of quashing order : Hemendra Hariram Vadhvani and Naresh Hariram Vadhvani as to get the Page 16 of 23 HC-NIC Page 16 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER notarized affidavits for the payment of Bank of India, Relief Road Branch, to Manish Hariram Vadhvani. Similarly affidavit for name transfer of House No.1224, Chokha Vatiya Pole, Relief road, will be notarized and will be handed over to Manish Hariram Vadhvani.
5. On the 6 t h day of receiving of quashing order : That Manish Hariram Vadhvani and Hemendra Hariram Vadhvani has to give necessary affidavits of Relief Road Shop to Naresh Hariram Vadhvani.
6. On the 7 t h day of receiving of quashing order : Manish Hariram Vadhvani has to execute Regd. Sale Deed of Shop No.235 before the Sub Registrar in the name of Hemendra Hariram Vadhvani, Naresh Hariram Vadhvani and Sneha Ramesh Devnani as per the decree passed in C.S. No.1106/11.
Exchanging of Consent Letter between all the parties who have signed the consent terms for all works completed as per schedule decided in Gujarat High Court C.R.M.A. No.10311/16 and Decree passed in C.S.No.1106/11. If due to some reasons if parties could not fulfill or complete the above formalities of this schedule in that case next date of the particular work pending will be fixed as per the order of concerned court or authority assigned for that work."
"Annexure'C' List of original documents of Shop No.228, 235, 10 and Relief Road, Zaveri Vad Shop.
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Below mentioned List of Documents are original in nature. These documents will be distributed if F.I.R. No.39/13 is quashed in Cri.Misc. Application No. 10311/16 in Honourable High Court. And if any order is passed by the Honourable High Court other than the order of quashing than these below mentioned all original documents will not be distributed and will remain in custody of Manish Hariram Vadhvani as these documents were in the custody of Manish Hariram Vadhvani from the beginning. And for that no parties have to take any objection for original documents that will remain in custody of Manish Hariram Vadhvani if F.I.R. is not quashed in C.R.M.A. No.10311/16.
(1) Shop No.228, Laxmi Bazar, Panchkuwa, Ahmedabad. (A) Document of Resolution Letter dated on 1/6/2009.
(B) Share Certificate of Fagunmal Shops and Association Co. Op. Hos. Soc. Ltd., (Share Nos.1766 to 1770).
(C) Original Sale Deed of Mohiniben Hariram Vadhvani, Reg. No.812/2009.
(D) Original Index Copy of Sale Deed of Mohiniben Hariram Vadhvani Reg. No.812/2009.
(E) Consent Letter of all family members for name transfer from Mohiniben Hariram Vadhvani to Manish Hariram Vadhvani for Shop No.228, Laxmi Bazar, Panchkuwa, Ahmedabad.
(1) Shop No.235, Laxmi Bazar, Panchkuwa, Ahmedabad.Page 18 of 23
HC-NIC Page 18 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER (A) Share Certificate No. 181 of Fagunmal Shops and Association Co. Op. Hos. Soc. Ltd., (Share Nos.901 to 905).
(B) Original Sale Deed from Lokumal Khodumal Tulsiyani to Sunderlal.
(C) Original Index Copy of Sunderlal Sale Deed.
(D) Receipt of fees paid in association by Sunderlal.
(E) Sale Deed from Sunderlal to Hariram Chandiram Vadhvani, Reg. No.2030/2008.
(F) Original Index copy of Hariram Chandiram Vadhvani.
(G) Receipt of fees paid in association by Hariram Chandiram Vadhvani.
(3) Survey No.05196 Tenament No.0117 4900080001D, Relief Road, Zaveri Vad, Ahmedabad.
(A) Possession Letter from Maheshkumar to Mohiniben Hariram Vadhvani, (B) General Power of Attorney from Maheshkumar to Mohiniben Hariram Vadhvani.
(C) Three original Receipts of Estate Department of Corporation transferred in the name of Hariram Chandiram Vadhvani from Mohiniben.
(D) Agreement and General Power of Attorney executed by Hariram Chandiram Vadhvani to Vishnu Page 19 of 23 HC-NIC Page 19 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER Hiranand Bajaj.
(E) Cancellation of Agreement and Power of Attorney by Hariram Chandiram Vadhvani which was executed in favour of Vishnu Hiranand Bajaj.
(3) Shop No.10, Agrawal Centre, Income tax, Ashram Road, Ahmedabad.
(A) Allotment Letter of Unit No.10 from Mahalaxmi Corporation to Mohini Hariram Vadhvani.
(B) Possession Letter from The Saraswati Shops and Office Owners Association to Mohini Hariram Vadhvani.
(C) Share Certificate No.68 of Sarswati Shops and Office Owners Association in the name of Hariram Chandiram Vadhvani.
(D) Original Sale Deed of Shop No.10 of Agrawal Centre, Income tax, Ashram Road, Ahmedabad executed in favour of Hareshbhai Chandiram Ahuja by Hariram Chandiram Vadhvani. Reg.
No.6132/11 Dt.24/5/11.
Cancellation Deed No. 13142/2011 Dt. 16/12/11 for above said Sale Deed Regd. No.6132/11 Dt.24/5/11."
1. Some of the offences in the registered First Information Report though are not compoundable, the intervention by way of powers under section 482 of the Criminal Procedure Code would be necessary to bring a lasting peace amongst the family members.
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2. The decision of the Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303 and the ratio laid down in the case of Jitendra Raghuvanshi and other vs. Babita Raghuvanshi and another reported in (2013) 4 SCC 58 would drive this Court to accede to the request. For ready reference relevant paragraphs of Gian Singh (supra) are 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 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, Page 21 of 23 HC-NIC Page 21 of 23 Created On Thu Sep 29 01:41:10 IST 2016 R/CR.MA/10311/2016 ORDER 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. 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."
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7. Taking the consent terms on the record, First Information Report being C.R.No.I39 of 2013 registered with Naranpura police station, which has culminated into chargesheet is quashed and set aside. All consequential proceedings arising from the said First Information Report are also quashed and set aside. The parties shall comply with their respective obligations, as stipulated in the consent terms. In the event of any difficulty, they are permitted to once again approach this Court.
This Court places its appreciation on record for the endeavours made by the Senior Mediator and the Convener of the High Court Mediation Centre in particular in making this settlement possible within a notably short period.
Direct service is permitted today.
(MS SONIA GOKANI, J.) SUDHIR Page 23 of 23 HC-NIC Page 23 of 23 Created On Thu Sep 29 01:41:10 IST 2016