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Gujarat High Court

Lawrence George William vs State Of Gujarat on 20 June, 2024

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                         NEUTRAL CITATION




      R/SCR.A/6944/2024                                 ORDER DATED: 20/06/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6944 of 2024
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                          LAWRENCE GEORGE WILLIAM & ANR.
                                      Versus
                             STATE OF GUJARAT & ANR.
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Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                  Date : 20/06/2024
                                   ORAL ORDER

1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Darshit Raval states that he has instructions to appear for the original complainant - respondent No.2. He is directed to file his appearance forthwith. The complainant states that the matter is settled between the parties and possession of property in question is handed over back to the complainant and in view of that settlement arrived at between the parties.

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.

NEUTRAL CITATION R/SCR.A/6944/2024 ORDER DATED: 20/06/2024 undefined

3. 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 applicants and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith.

4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing and setting aside F.I.R. bearing I-C.R. No.11210003220240 of 2022 registered with Adajan Police Station, Surat for the commission of offence punishable under Sections 451 and 114 of the Indian Penal Code and under Sections 3, 5 & 4(1) of Gujarat Land Grabbing Prohibition Act as well as quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants.

5. Learned advocate for the applicants 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 Page 2 of 5 Downloaded on : Fri Jun 21 22:27:09 IST 2024 NEUTRAL CITATION R/SCR.A/6944/2024 ORDER DATED: 20/06/2024 undefined therefrom would create hardship to the applicants. It is submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicants and respondent No.2 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 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.2 has reiterated the contentions raised by the learned advocate for the applicants. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 - Vineetkumar Jitendrakumar Sharma, dated 07.02.2024. Respondent No.2 is present in person before the Court and Page 3 of 5 Downloaded on : Fri Jun 21 22:27:09 IST 2024 NEUTRAL CITATION R/SCR.A/6944/2024 ORDER DATED: 20/06/2024 undefined is identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicants and the respondent No.2 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 learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered 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 applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount Page 4 of 5 Downloaded on : Fri Jun 21 22:27:09 IST 2024 NEUTRAL CITATION R/SCR.A/6944/2024 ORDER DATED: 20/06/2024 undefined 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.

9. Resultantly, this application is allowed and the impugned FIR bearing I-C.R. No.11210003220240 of 2022 registered with Adajan Police Station, Surat filed against the present applicants is hereby quashed and set aside qua the applicants. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants. Rule is made absolute. Direct service is permitted.

(NIRZAR S. DESAI,J) Manoj Kumar Rai Page 5 of 5 Downloaded on : Fri Jun 21 22:27:09 IST 2024