Gujarat High Court
Aaditya vs State on 9 December, 2011
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
Print
CR.MA/11305/2009 5/ 5 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11305 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH -
Sd
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1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
=========================================
AADITYA
EDUCATION TRUST & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
DEEP D VYAS for
Applicant(s) : 1 - 5.
MR. DABHI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR BS PATEL for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/12/2011
ORAL
JUDGMENT
1.0. Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners-original accused nos. 1, 2, 5, 8 and 13 to quash and set aside the impugned complaint being Criminal Case No.4797 of 2009 pending in the Court of learned JMFC, Vadodara as well as the order passed by the learned Magistrate dated 30.7.2009 directing to issue summons against the petitioners for the offences punishable under Sections 406, 420, 418, 506(1), 506(2), 423, 120, 120(B) and 202 of the Indian Penal Code.
2.0. Respondent no.2 herein-original complainant had lodged the impugned complaint being Criminal Case No.4797 of 2009 pending in the Court of learned JMFC, Vadodara against the petitioners and others for the offences punishable under Sections 406, 420, 418, 506(1), 506(2), 423, 120, 120(B) and 202 of the Indian Penal Code alleging inter alia that despite the accused persons accepted the fees for imparting the education / syllabus as prescribed by the Kangaroo Kids Education Ltd, the accused persons stopped imparting education in the curriculum of the Kangaroo Kids Education Ltd and when the meeting of the parents was called they were given threats and therefore, it is alleged that accused persons have committed the offences as alleged.
3.0. That the learned Magistrate has by an order dated 30.7.2009 directed to issue summons against the petitioners for the offence. Hence, petitioners-original accused nos. 1,2,5,8 and 13 have preferred the present Criminal Miscellaneous Application under Section 484 of the Code of Criminal Procedure.
4.0. Shri Deep Vyas, learned advocate for the petitioners-accused nos. 1,2,5,8 and 13 has vehemently submitted that as such applicants have not committed any offence as alleged. It is submitted that as such due to bona fide dispute between the accused persons and the Kangaroo Kids Education Ltd due to which franchise between accused persons and Kangaroo Kids Education Ltd was compelled to be stopped and for which various proceedings were pending before the Civil Court as well as Consumer Forum at Vadodara as well as Bombay and therefore, it cannot be said that there was any intention on behalf of the petitioners accused persons to cheat or deceive the parents and / or to commit any offence of breach of trust etc. as alleged. Therefore, it is submitted that impugned criminal complaint is nothing but an abuse of process of law and Court, which deserves to be quashed and set aside.
5.0. Shri B.S. Patel, learned advocate for the respondent no.2- original complainant is not in a position to satisfy the Court how the case is made out against the accused persons for the offence under Sections 406, 420, 423, 418, 202 of the Indian Penal Code as well as under
Section 120 and 120-B of the Indian Penal Code. Therefore, he has fairly conceded that no prima facie case is made out against the applicants for the offence punishable under Sections 406, 420, 423, 418 and 202 of the Indian Penal Code. However, has requested that if this Court is inclined to quash and set aside impugned criminal complaint against the petitioners for the aforesaid offence and / or to quash and set aside the order passed by the learned Magistrate directing to issue summons against the petitioners for the offence punishable under Sections 406, 420, 423, 418 and 202 of the Indian Penal Code, in that case, it may be observed that the same shall be in the facts and circumstances of the case and without prejudice to the rights and contention of the respective parties in the pending proceedings. Shri B.S. Patel, learned advocate for the complainant does not invite any further reasoned order as other proceedings are pending between the parties before the appropriate Court.
6.0. Shri Dabhi, learned APP for the State has requested to pass an appropriate order in the facts and circumstance of the case.
7.0. Heard the learned advocates for the parties and considering the stand taken by Shri Patel, learned advocate for the original complainant recorded hereinabove and even otherwise considering the nature of allegations and averments made in the impugned criminal complaint and other pending proceedings between the parties even before the Civil Court, the impugned complaint against the petitioners for the offences 406, 420, 423, 418 and 202 of the Indian Penal Code deserves to be quashed and set aside and consequently order passed by the learned JMFC dated 30.7.2009 directing to issue process against the petitioners-original accused nos. 1, 2, 5, 8 and 13 for the offences punishable under Sections 406, 420, 418, 423 and 202 of the Indian Penal Code. However, in view of the specific allegations and averments in the complaint there is no question of quashing and setting aside complaint against the petitioners for the offence punishable under Sections 506(1) and 506(2) and 120 and 120 B of the Indian Penal Code.
8.0. In view of the above and for the reasons stated above, application succeeds in part. The impugned complaint being Criminal Case No.4797 of 2009 pending in the Court of learned JMFC, Vadodara is hereby quashed and set aside so far as petitioners -original accused nos., 2, 5, 8 and 13 are concerned with respect to offence under Sections 406, 418, 420, 423 and 202 of the Indian Penal Code are concerned and consequently the impugned order passed by the learned JMFC, Vadodara, dated 30.7.2009 passed in Criminal Case No.4797 of 2009 directing to issue process against the applicants herein-original accused nos., 2, 5, 8 and 13 for the offence under Sections 406, 418, 420, 423 and 202 of the Indian Penal Code is hereby quashed and set aside and now trial against the petitioners shall be proceeded further for the rest of the offence under Sections 506(1), 506(2), 120 and 120(B) of the Indian Penal Code, which shall be considered in accordance with law and on merits. Rule is made absolute to the aforesaid extent. No costs.
Sd/-
(M.R.SHAH, J.) kaushik Top