Gujarat High Court
Pankajbhai Manharbhai Patel vs State Of Gujarat on 31 March, 2021
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/3461/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3461 of 2021
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PANKAJBHAI MANHARBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No. 1,2,3,4,5,6,7
A R SHAH(7768) for the Respondent(s) No. 2
MR. MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 31/03/2021
ORAL ORDER
By way of present application, applicants have prayed to quash and set aside the impugned complaint being C.R.No.I 47 of 2019 registered with Bopal Police Station, Dist Ahmedabad for the offence punishable under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code and Criminal Case No.15420 of 2019 pending before the court of learned 6 th Additional Senior Civil Judge and Additional Chief Judicial Magistrate at Ahmedabad (Rural) as well as proceedings arising therefrom qua the present applicants.
Heard learned advocates for the respective parties and Page 1 of 7 Downloaded on : Thu Jan 13 14:08:24 IST 2022 R/CR.MA/3461/2021 ORDER learned APP for the respondentState.
Learned advocate for the applicants submits that after lodging impugned complaint, compromise was taken place between the parties amicably and dispute has now been resolved. Hence, he has requested to quash and set aside the impugned complaint.
Looking to the nature of the offence, learned APP for the respondentState has requested not to quash the complaint.
Learned advocate for the respondent no.2 has submitted that compromise has been arrived at amicably between the applicants and the respondent no.2 and in this connection,the respondent no.2 has filed her affidavit declaring that compromise arrived at between the parties and she has no objection if the complaint filed against present applicants is quashed.
On a request being made by learned advocate for the respondent No.2, respondent No.2 Renukaben D/o Manharbhai Patel was permitted to appear before this Court through video conferencing. She has confirmed that dispute is Page 2 of 7 Downloaded on : Thu Jan 13 14:08:24 IST 2022 R/CR.MA/3461/2021 ORDER amicably settled with the present applicants voluntarily. She has filed her affidavit under her signature and admitted the contents averred in the affidavit are correct and true and contents of the affidavit filed by the respondent No.2 are reproduced as under:
I Renukaben D/o Manharbhai Patel W/o Pareshbhai age 56 years, female, residing at 1049, Kapadia Nivas, Near Ramnagar, Sabarmati Ahmedabad. That I am the original complainant. That being the complainant in the present FIR and being aware about the facts of the present case I am competent to file the present affidavit.
1. That I have registered C.R. No.47 of 2019 on 27/12/2016, with Bopal Police Station for the offence's punishable U/s 465, 467, 468, 471 114 of the IPC. That the FIR has now culminated into Criminal Case no 15420 of 2019, and the same is pending before the Court of 6 th Additional Senior Civil Judge and Additional Chief Judicial Magistrate at Ahmedabad Rural.
2. I would further submit that petitioners/accused no.1 to 4 are brothers. Mothers and Bhabhi. That I i.e. original complainant, respondent no.2, herein have amicably settled the dispute in question with the intervention of senior members of family society and close friends. That accused and complainant realized that criminal proceedings pending between the parties would result into Page 3 of 7 Downloaded on : Thu Jan 13 14:08:24 IST 2022 R/CR.MA/3461/2021 ORDER multiplicity of other proceedings and with a view to avoid such further proceedings, it is decided amongst the parties to resolve the dispute interse amicably.
3. That I would further submit that I have entered into a Settlement with all the accused. That in view of this settlement now there is no grievance left amongst the parties and complainant does not wish to proceed with FIR.
4. That I would further humbly submit that dispute between the parties is purely of personal nature. It is therefore, humbly submitted that no useful purpose will be served in continuing the FIR against the accused persons in view of the settlement arrived at between the parties in respect of disputes which are purely of personal nature.
5. That all accused and I have amicably settled their disputes, issues and differences and therefore, the Hon'ble Court is most humbly requested to quash the impugned FIR against the accused persons, as I the original complainant now does not desire to pursue the said FIR against accused in view of the settlement between the parties.
6. That pursuant to the resolution of the dispute I have executed a declaration cum Kabulat Lekh in favour of petitioner no.1 and 3 whereby all the disputes have been taken care of, that this declaration cum KabulatLekh is a registered before the office of registrar. That likewise one notarized declaration has been executed by me on behalf Page 4 of 7 Downloaded on : Thu Jan 13 14:08:24 IST 2022 R/CR.MA/3461/2021 ORDER of minor children in favour of the petitioner no.1 and 3 as regards to resolution of the dispute. That copy of the declarations is annexed with the memo of petition and marked as ANNEXURE B.
7. It is respectfully submitted that in view of the settlement between all the accused and complainant, complainant does not wish to continue with the impugned FIR, criminal case and prosecute accused named in the FIR in connection with C.R. No.I49/2019, registered with Bopal Police Station which has now culminated into Criminal case no 15420 of 2019 and the same is pending before the Court of 6th Additional Senior Civil Judge and Additional Chief Judicial Magistrate at Ahmedabad Rural, in view of the facts and circumstances of the case referred above.
Learned advocate for the respondent no.2 has identified the respondent no.2 as well as her signature in her affidavit. Respondent no.2 has stated before this Court that compromise has been arrived at with the applicants and the respondent no.2 has no objection if the impugned complaint is quashed by the Court.
While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at Page 5 of 7 Downloaded on : Thu Jan 13 14:08:24 IST 2022 R/CR.MA/3461/2021 ORDER immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the chargesheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably.
This Court has considered the fact that nature of the offence is private and do not have a serious impact from the society. Considering the nature of the offence and settlement arrived at between the parties including the complainant/first informant, this Court is required to consider the prayer made by the accused.
Considering the submissions made by learned advocate for the applicants, learned advocate for the respondent no.2 as well as learned APP for the respondentState, it appears that as per the contents of affidavit of the respondent no.2, Page 6 of 7 Downloaded on : Thu Jan 13 14:08:24 IST 2022 R/CR.MA/3461/2021 ORDER compromise has been arrived at between the applicants, and respondent no.2, and therefore, the complaint being C.R.No.I 47 of 2019 registered with Bopal Police Station, Dist Ahmedabad Rural for the offence punishable under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code and Criminal Case No.15420 of 2019 pending before the court of learned 6th Additional Senior Civil Judge and Additional Chief Judicial Magistrate at Ahmedabad (Rural) as well as proceedings arising therefrom stands quashed and set aside qua present applicants.
Present application stands allowed and accordingly, stands disposed of.
Rule is made absolute to the aforesaid extent. Registry shall forward a copy of this order to the concerned police station as well concerned Court through fax or email forthwith.
(B.N. KARIA, J) SUYASH Page 7 of 7 Downloaded on : Thu Jan 13 14:08:24 IST 2022