Gujarat High Court
Somabhai Muljibhai Prajapati vs State Of Gujarat on 27 April, 2022
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/SCR.A/7735/2020 ORDER DATED: 27/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7735 of 2020
With
R/SPECIAL CRIMINAL APPLICATION NO. 3522 of 2020
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SOMABHAI MULJIBHAI PRAJAPATI
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR MANTHAN K BHATT(6549) for the Applicant(s) No. 1
for the Respondent(s) No. 3
MR RD DAVE(264) for the Respondent(s) No. 2
MS M D MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 27/04/2022
COMMON ORAL ORDER
1. Heard learned Advocate Mr. Manthan K. Bhatt for the petitioner, learned APP Ms. M.D. Mehta for the respondent-State and learned Advocate Mr. R.D. Dave for the respondent No.2 in Special Criminal Application No. 7735 of 2020 and learned Advocate Ms. Meghna A. Patel for the petitioner, learned APP Ms. M.D. Mehta for the respondent-State and learned Advocate Mr. R.D. Dave for the respondent No.2 in Special Criminal Application No. 3522 of 2020.
2. Issue Rule. Learned APP Ms. M.D. Mehta waives service of Rule for the respondent-State and learned Advocate Mr. R.D. Dave waives service of Rule for the respondent No.2 in both the matters.
3. With consent of learned Advocates for the parties, these petitions are taken up for final disposal.
4. The petitioners of both the petitions pray for quashing and setting aside of the FIR being C.R. No. 11196003201084 of 2020 registered with Manjalpur Police Station, Vadodara City, on 30.06.2020, for offences Page 1 of 5 Downloaded on : Thu Apr 28 21:12:22 IST 2022 R/SCR.A/7735/2020 ORDER DATED: 27/04/2022 punishable under Sections 406, 409, 420 and 120B of the Indian Penal Code.
5. It appears that the issue in dispute is with regard to an amount of Rs. 1,79, 13, 946.32/-, received as compensation for acquisition of land by Mumbai-Ahmedabad National High Sped Rail (Bullet Train) Project. It appears that the FIR is filed by one of the partners of a partnership firm named M/s. Shiv Enterprises and where it appears that the land in question was of the ownership of the partnership firm. It also appears that when the amount of compensation after the land had been acquired, was to be disbursed, since one of the partners of the partnership firm was not in India, it was decided that the compensation amount should be accepted by the petitioner of Special Criminal Application No. 7735 of 2020 and one another partner namely Bhaveshbhai Bhupendrabhai Patel, in whose names the land had been purchased by the partnership firm, more particularly the said persons being agriculturists. It also appears that a joint account had been opened in name of both the persons and whereas the amount had been disbursed to the said joint account. It appears that upon the amount being received initially, there was some reluctance by the accused No.1 of the FIR, to give the share of the compensation amount to the partners, as per their share in the partnership firm. It also appears that there was some exchange of notices between the parties in this regard. That after the exchange of notices, the impugned FIR had been filed by the complainant and whereas in an application preferred for being released on anticipatory bail, the accused No.1-petitioner in Special Criminal Application No. 7735 of 2020, had inter alia made a statement that he does not intent to in any way utilize the amount of compensation in question and whereas it was further informed to the learned Sessions Court that the amount in question is lying as it is in his account. It is noted by the learned Sessions Court, Vadodara, where the application for grant of anticipatory bail had been filed that the amount was lying in a joint account and since the account could only be operated jointly, the amount is laying as it is and whereas since a Page 2 of 5 Downloaded on : Thu Apr 28 21:12:22 IST 2022 R/SCR.A/7735/2020 ORDER DATED: 27/04/2022 Civil Suit was pending at that relevant point of time, till such time, the accused No.1, had intimated to the learned Sessions Court that he would not be in any way appropriating the amount in question.
6. At this stage, it would be relevant to mention that the accused No.2 and his wife who were also partners of the partnership firm, were acting in a dual capacity, more particularly since they were also original owners of the land in question from whom the partnership firm had purchased the land in the name of the accused No.1 and the above referred Mr. Bhaveshbhai Bhupendrabhai Patel. It appears that the accused No.2 and his family members had preferred a Civil Suit being Special Summary Suit No. 52 of 2019 before the learned Civil Court at Vadodara inter alia lying a claim on the amount of compensation that had been disbursed on account of the part of the land being acquired. It is this Civil Suit which has been referred to, by the learned Sessions Court in the order granting anticipatory bail to the accused No.1, which in turn has been referred by this Court as hereinabove.
7. It also appears that some arbitration proceedings have also been initiated by the partnership firm, more particularly an application has been filed before this Court under Section 11(6) of the Arbitration Act, more particularly praying for appointment of an arbitrator, and whereas the issue in question was the same amount received by way of compensation. It is informed that the said application is pending consideration before this Court.
8. Learned Advocate Mr. Manthan Bhatt on behalf of the petitioner in Special Criminal Application No. 7735 of 2020, upon instructions, would submit that the petitioner, never had the intention of misappropriating the amount of compensation in question and whereas the amount is lying at it is in the joint account. Learned Advocate would further submit that the petitioner is also agreeable to any order passed by this Court, with regard to the said amount in question.
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9. Learned Advocate Ms. Meghna A. Patel on behalf of the petitioner in Special Criminal Application No. 3522 of 2020 would submit that since the entire amount is lying at it is, this Court may pass orders, whereby the amount could be directed to be appropriated as per the final order of the learned Civil Court in Special Summary Suit preferred by the petitioner in Special Criminal Application No. 3522 of 2020 and others.
10. Learned Advocate Mr. R.D. Dave for the respondent No.2 would submit that apart from the Civil Suit, which according to him is a collusive suit, the amount may be directed, to be subject to orders which may be passed by the arbitrator, who may be appointed by this Court in the arbitration proceeding initiated by the partnership firm.
11. Having regard to the submissions made by the learned Advocates for the respective parties, and upon broad consensus arrived at between the parties, the following directions are passed :
(1) The amount of compensation, received from the acquiring body being Rs. 1,79, 13, 946.32/- and the interest accrued thereupon till date, shall be deposited by the accused No.1, and the said Bhaveshbhai Bhupendrabhai Patel, in whose names the joint account is stated to be operating, with the Nazir of the 7th Additional Senior Civil Judge and A.C.J.M. where the Special Summary Suit No. 52 of 2019 is pending. Upon the Nazir of the concerned Court shall suggest to the account holders including accused No.1 any nationalized bank where the principal amount along with interest accrued thereupon, could be transferred to, in the name of the Nazir of the Court concerned. The Nazir of the Court concerned shall deposit the amount in fixed deposit for a long term period.
(2) The amount concerned along with the interest which is and would be accrued thereupon, shall be subject to orders passed by the learned 7th Additional Senior Civil Judge and A.C.J.M. considering the Civil Page 4 of 5 Downloaded on : Thu Apr 28 21:12:22 IST 2022 R/SCR.A/7735/2020 ORDER DATED: 27/04/2022 Suit being Special Summary Suit No. 52 of 2019, the amount shall also be subject to the arbitration proceeding which has been initiated at the instance of the partnership firm.
12. Learned APP Ms. M.D. Mehta for the respondent-State would submit that while serious offences have been alleged in the FIR, in view of the directions as above arrived at upon broad consensus between the parties, the State also may not, have any objection to the impugned FIR being quashed.
13. In this view of the matter and in view of the directions as above, the FIR being C.R. No. 11196003201084 of 2020 registered with Manjalpur Police Station, Vadodara City, as well as all further proceedings arising therefrom including the Criminal Case No. 18738 of 2020 pending before the 4th Additional Civil Judge and J.M.F.C. Vadodara, are hereby quashed and set aside qua the present petitioners herein.
14. The parties are directed to abide by the directions given as above.
15. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) BDSONGARA Page 5 of 5 Downloaded on : Thu Apr 28 21:12:22 IST 2022