Gujarat High Court
Ashish @ Ashiq Dharmsinhbhai ... vs State Of Gujarat on 24 October, 2019
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/18696/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18696 of 2019
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ASHISH @ ASHIQ DHARMSINHBHAI FULBARIYA(KHARVA)
Versus
STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1
MR VIRAL J VYAS(6233) for the Respondent(s) No. 2
MR LB DABHI, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 24/10/2019
ORAL ORDER
1. Vide order dated 16.10.2019, this Court has passed following order :-
"Learned advocate Mr.Viral Vyas states that he has instructions to appear for respondent No.2 - complainant and victim - Ms. Laxmiben. He is permitted to file his Vakalatnama. He has produced affidavit of the complainant and victim, which are ordered to be taken on record.
Respondent no.2 - complainant and victim are present before the Court and admits correctness and genuineness of the affidavit filed by them through their learned advocate. Learned advocate Mr.Vyas identifies respondent no.2 and victim and confirms correctness and genuineness of the affidavit filed by them.
Learned APP is directed to take instructions. Stand over to 24.10.2019."
2. Rule. Learned A.P.P. and learned advocate Mr. Vyas waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of present proceedings on the premise of settlement.
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3. With the consent of learned advocate for the applicant and learned advocate for respondent No.2 - original complainant, present application is taken up for final disposal today. The parties are present before the Court alongwith their respective learned advocates.
4. By way of the present applications under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant prays for quashing and setting aside the F.I.R. being C.R.No.I-7 of 2015 registered with Navabandar Marin Police Station for the offence punishable under Sections 363, 366, 376 of IPC and under the provisions of the POCSO Act.
5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present applications.
6. It is now stated at bar that the applicant, respondent No.2 and the victim have settled the dispute amicably and the victim has no grievance against the applicant. Not only that the victim and the applicant have married and out of said wedlock, they have two children.
7. It is in light of this aspect, the applicant, respondent No.2 and the victim urged that impugned criminal proceedings being impugned FIR may be quashed.
8. Learned advocate Mr.Vyas appearing for the contesting respondent No.2 and the victim points out that since the victim has already married with the applicant, it will be more in her interest that the impugned criminal proceedings may be quashed, as otherwise, their marital life will be put into jeopardize and there is no one to take care of her as well as her children.
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9. It is now settled that in serious offence as one u/s 376 of the IPC cannot be subject matter of quashment of the proceedings initiated u/s 482 of the Code of Criminal Procedure, 1973 on the ground of settlement between the accused and the victim. Suffice it to refer the various decisions rendered by the Hon'ble Apex Court on such aspect, more particularly, in cases of Anita Maria Dias Vs. State of Maharashtra reported in (2018) 3 SCC 290, Shimbu Vs. State of Haryana reported in (2014) 13 SCC 318 and Parbatbhai Ahir Vs. State of Gujarat reported in (2017) 9 SCC 641. However, this Court cannot overlook the fact that the applicant and the victim girl got married and out of said wedlock, they have two children. Such situation is an exception to the approach to deal with the proceedings initiated u/s 482 of the Code of Criminal Procedure, 1973 on the basis of settlement between the victim and the accused and for the pre-dominant purpose of the welfare of the victim to ensure her better future life, it is just and proper for this Court in exercise of extraordinary inherent powers u/s 482 of the Code of Criminal Procedure, 1973 could quash the impugned criminal proceedings on the ground of settlement between the parties in cases where the accused has married and the complainant and the victim insist for quashment of impugned criminal proceedings.
10. In view of the aforementioned aspect, more particularly, in light of the statements made by respondent No.2 and the victim supported by duly affirmed affidavit placed on record through their learned advocate Mr.Vyas, this Court is inclined to consider the plea for quashment of the impugned criminal proceedings, as otherwise, it will detrimentally affect the family life of the victim girl and even the balance and harmony that could be achieved by them in the resolution of disputes that again be irrecoverably lost.
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11. Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between parties which is confirmed by the original complainant through his learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned F.I.R. is required to be quashed and set aside in view of peculiar facts of the case being exception to the general principle of law to decline the quashment of proceedings of the nature like present one.
12. In view of this position, this application is allowed. Impugned F.I.R. being C.R.No.I-7 of 2015 registered with Navabandar Marin Police Station and all other proceedings taken out in pursuance thereof against the present applicant are hereby quashed and set aside. The applicant will produce certified copy of this order before the concerned learned Sessions Court and also before the investigating officer for necessary action. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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