Gujarat High Court
Thakor Sanjayji Jenaji vs State Of Gujarat on 4 July, 2024
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/SCR.A/7152/2024 ORDER DATED: 04/07/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7152
of 2024
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THAKOR SANJAYJI JENAJI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. HARDIK P BAROT(6798) for the Applicant(s) No. 1
for the Respondent(s) No. 3
NOTICE NOT RECD BACK for the Respondent(s) No. 2
MR BHARGAV PANDYA ADDITIONAL PUBLIC PROSECUTOR for
the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 04/07/2024
ORAL ORDER
1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. J.D. Patel states that he has an instructions to appear for the respondent No.3 - Victim. He is permitted to file his 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. Heard Learned advocate Mr. Hardik Barot for the petitioner and learned advocate Mr. J.D. Patel for respondent No.3 - victim. At the outset, it was Page 1 of 6 Downloaded on : Fri Jul 05 23:21:17 IST 2024 NEUTRAL CITATION R/SCR.A/7152/2024 ORDER DATED: 04/07/2024 undefined pointed out by learned advocate Mr. Hardik Barot that the petitioner and respondent No.3 happens to be husband and wife and respondent NO.3 shown as victim in the FIR registered under Sections 363, 366, 376, 376(2)(N) of the Indian Penal Code and Sections 3(A), 4, 5(L), 6, 11(VI), 12 of the POCSO Act registered with Chandkheda Police Station, District Ahmedabad. It was stated by learned advocate Mr. Patel and learned advocate Mr. Hardik Barot jointly that as the respondent No.2 mother of the respondent No.3 victim girl is not agreeable for the relationship between petitioner and respondent No.3 and now as they have got married on 7.6.2024. Considering the welfare of the newly wedded couple, this Court may quash the FIR despite disagreement by mother of the respondent No.3 who is major now.
Affidavit of the victim is placed on record by learned advocate Mr. J.D. Patel.
Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.3 has been resolved amicably, this application is taken up for final disposal forthwith.
4. By way of this application under Section Page 2 of 6 Downloaded on : Fri Jul 05 23:21:17 IST 2024 NEUTRAL CITATION R/SCR.A/7152/2024 ORDER DATED: 04/07/2024 undefined 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashing and setting aside F.I.R. bearing C.R. No.11191008230793 of 2023 dated 26.11.2023 registered with Chandkheda Police Station, District Ahmedabad for the commission of offence punishable under Section 363, 366, 376, 376(2)(N) of the Indian Penal Code and Sections 3(A), 4, 5(L), 6, 11(VI), 12 of the POCSO Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the present applicant.
5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. 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 applicant. It is submitted that respondent No.3 has filed an affidavit in these proceedings and has declared that the dispute between the applicant and respondent No.3 is resolved due to intervention of trusted persons of the society. 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 Page 3 of 6 Downloaded on : Fri Jul 05 23:21:17 IST 2024 NEUTRAL CITATION R/SCR.A/7152/2024 ORDER DATED: 04/07/2024 undefined powers conferred under Section 482 of the Code and allow the application as prayed for.
6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected.
7. Learned advocate for respondent No.3 has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for respondent No.3 also relied upon the affidavit filed by respondent No.3 - Dave Dharmishta Kamleshkumar W/o. Thakor Sanjayji Jenaji dated 9.6.2024. Respondent No.3 is present in person before the Court and is identified by learned advocate for respondent No.3. On inquiry made by the Court, respondent No.3 has declared before this Court that the dispute between the applicant and respondent No.3 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
8. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present Page 4 of 6 Downloaded on : Fri Jul 05 23:21:17 IST 2024 NEUTRAL CITATION R/SCR.A/7152/2024 ORDER DATED: 04/07/2024 undefined application as well as taking into consideration the decisions rendered by the Hon'ble Supreme Court 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 applicant would be unnecessary harassment to the applicant. 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.
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9. Considering the fact that the victim girl has already stated before the Court that she has married to the complainant and as the marriage is not approved by the family, there is no consent by the complainant to quash the FIR. However, considering the welfare of the newly wedded couple FIR is quashed. Resultantly, this application is allowed and the impugned F.I.R. bearing C.R. No.11191008230793 of 2023 dated 26.11.2023 registered with Chandkheda Police Station, District Ahmedabad is hereby quashed and set aside qua the present applicant. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua the present applicant. Accordingly, Rule is made absolute. Direct service is permitted.
(NIRZAR S. DESAI,J) Pallavi Page 6 of 6 Downloaded on : Fri Jul 05 23:21:17 IST 2024