Point of Law: Cheating - Quash of FIR - While exercising power under Section 482 of Code to quash criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on ground that there is a settlement/compromise between victim and offender - This is a fit case where inherent powers of Court under section 482 of Cr.P.C. could be exercised for securing the ends of justice

ORDER :

1. Criminal Misc. Application No. 18465 of 2019 has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No. I – 100 of 2018 registered with Langhnaj Police Station, Mehsana for offences punishable under Sections 406, 420, 465, 466, 468, 469, 475, 120-B of the Indian Penal Code. Criminal Misc. Application No. 18576 of 2019 has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No. I – 72 of 2018 registered with Langhnaj Police Station, Mehsana for offences punishable under Sections 406, 420, 465, 466, 468, 469, 475, 120-B of the Indian Penal Code.

2. Heard Mr. Ekant G. Ahuja, learned advocate for the applicants and Ms. Monali Bhatt, learned APP for the respondent-State.

3. Mr. Ekant Ahuja, learned advocate for the applicants submitted that both the complaints have been lodged by the complainant – Jitendra @ Bakabhai Kantilal Patel and the parties have settled the dispute amicably and there remains no grievance between them. The complainant – Jitendra @ Bakabhai Kantilal Patel has appeared before this Court through video conferencing; who has been identified by learned advocate Mr. Aakash Shah. On inquiry by this Court, the complainant - Jitendra @ Bakabhai Kantilal Patel has affirmed the affidavit executed by him and stated before this Court that there in no grievance left between them and the disputes have been settled. He stated that the dispute had arisen because of land transaction and now there is no differences with regard to monetary transaction.

4. In Criminal Misc. Application No. 18465 of 2019, the dispute between the parties is with regard to the land bearing Survey No. 361 ad-measuring 1 Hector – 4 Are – 65 sq.mtrs., while in Criminal Misc. Application No. 18576 of 2019 the dispute is in relation to the land bearing Block No. 115, Old Survey No. 96/1 which was agricultural land having total area of 2 Hector – 42 Are – 51 sq.mtrs.

5. Ms. Monali Bhatt, learned Additional Public Prosecutor after referring to the report of Police Inspector, LCB Mehsana, submits that it is the case of criminal conspiracy and the statement of the complainant was recorded on 01st June, 2021, by the police and he has denied the settlement deed executed before the Notary stating that he has not received the money and the complainant had informed the mediators to resolve the dispute.

5.1 Ms. Monali Bhatt, learned APP submitted that the statement being recently recorded and thus there should not be any quashing of the FIR considering the nature of offence and the antecedents of the accused. Learned APP submitted that any First Information Report should be quashed in accordance with the guidelines of the Apex Court and the parameters laid down therein.

5.2 Ms. Monali Bhatt, learned APP further submitted that the applicant-accused of Criminal Misc. Application No. 18576 of 2019 was absconding and he has been shown in Column No.2 in the charge-sheet as absconder and recently on 13th June, 2021, he came to be arrested.

6. Mr. Ahuja, learned advocate for the applicants submitted that so far as FIR lodged against the applicants being C.R.No. I – 100 of 2018 is concerned, the bail application was moved by the applicants was rejected and therefore the applicants are in judicial custody; while the FIR lodged against the applicant being C.R.No. I – 72 of 2018 is concerned, the bail was granted to the applicant. In view of the same, the learned advocate for the applicant submitted that the applicants be released from the judicial custody. –

7. The complainant – Jitendra @ Bakabhai Kantilal Patel stated that he had given the statement before the police on 01st June, 2021, and he wanted known friends and acquaintance thereof to resolve the dispute, with respect to money, he stated that after the statement before the police, all the differences were heard by the friends and senior members of the society and the dispute between him and t