Point of Law: Criminal Conspiracy and Cheating - Quash of Proceedings - De facto complainant proposes to compound complaint and further in interest of future of children, this Court also deems it appropriate that inherent jurisdiction under Section 482 Cr.P.C. is required to be exercised - Hence this is a fit case where inherent powers of Court under section 482 of Cr.P.C. could be exercised in favour of petitioners for securing ends of justice

ORDER :

1. Rule. Ms. Monali Bhatt, learned APP and Mr. Ekant G.Ahuja, learned advocate for respondent no.2, waive service of notice of Rule on behalf of respective parties. With the consent of learned advocates appearing for the parties, the matter is heard today finally.

2. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’ for short) with prayer to quash and set aside the proceedings of C.R.No.I-372/2016, registered at Malaviyanagar Police Station, Rajkot for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120B of IPC.

3. The petitioner no.1 is the administrator of P.V.Modi School, Indraprasth Nagar at Rajkot. Petitioner nos.2 to 6 are the trustees of Shri P.V.Modi Charitable Trust, which runs P.V.Modi School. The present petitioner nos.2 to 4 are also trustees of Vidhyasagar Charitable Trust, which has established the Modi School (V.J.Modi). Petitioner no.7 is the principal of V.J. Modi School at village Ishwariya, Rajkot.

3.1 It is stated by the petitioners that P.V. Modi Charitable Trust is registered under Bombay Public Trusts Act, which has established P.V.Modi School in the year 1999 for imparting education to secondary and higher secondary students and the said school is affiliated with Gujarat State Board.

3.2 Vidyasagar Charitable Trust is having three trustees. It is contended that V.J. Modi School at Ishwariya came to be affiliated with CBSE in the year 2011 for imparting education to standard I to standard X and subsequently the provisional affiliation was extended. The petitioners state that CBSE had also issued upgradation by communication dated 21.12.2013 and by communication dated 12.06.2015, approval was given for introduction of additional subjects for senior school certificate examination and by a letter dated 03.05.2017, CBSE has further granted extension of provisional affiliation till 31.03.2022.

3.3 As per the petitioners, the trustees of both the trusts i.e. P.V.Modi Charitable Trust and Vidyasagar Charitable Trust are from the same family, who proposed to have certain classes of CBSE at P.V.Modi School as a temporary arrangement, which according to the petitioners was upon the request made by some of the parents. Thus, the students who opted for CBSE at P.V.Modi Schools, were given admission at Modi School at Ishwariya village having affiliation with CBSE. The registrations were in the general register of Modi School and the fee receipts and identity cards were issued of Modi School.

3.4 It is therefore stated that, for convenience of the students and the parents, the classes were taken at P.V.Modi School and such decision was taken keeping in view the distance and the demand of parents of the students who wanted the children to attend the premises of P.V. Modi School; thus were permitted to attend the school under the name of P.V.Modi, but the students attended the classes run under the courses of CBSE by Modi School (V.J. Modi). It is contended by the petitioners that the students identity cards and fee receipts of Modi School, Ishwariya, Rajkot were in connection to the valid admission towards the CBSE affiliation.

3.5 The petitioners have raised grievance that it was only on media report, the respondent no.2 had approached the Malaviyanagar Police Station with the case of cheating, criminal breach of trust and forgery of receipts and identity cards. It is stated by the petitioners that the de facto complainant – Khodidas Tulsibhai Gondalia realized his mistake of being misdirected by the media report to have filed the FIR at Malaviyanagar Police Station. Petitioners state that the children of the complainant are still pursuing studies in the same school and as the complainant is desirous to quash the FIR, the present petition has been filed.

4. The de facto complainant – Khodidas Tulsibhai Gondalia was present before the virtual Court on 09.07.2021. The affidavit filed by him was verified by this Court.