IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Gita Gopi, J.
Mohmad Rizwan Aiyub Limbada - Appellant
Vs.
State Of Gujarat - Respondent
Criminal Misc. Application No. 12602, 6900, 15278 of 2020
Decided On : 10-01-2023
Indian Penal Code, 1860 – Sections 143, 147, 148, 149, 323, 324, 354, 427, 504, 506(2), 188 – Criminal Procedure Code, 1973 – Section 482 – G.P. Act, Sections 135 & 139 – Disaster Management Act – Section 51(B) – Epidemic Diseases Act – Section 3 – Quashing the First Information Report – It is submitted, learned advocate , learned advocate appearing on behalf of respective applicants that impugned FIRs which are sought to be quashed, have arisen out of common incident and both are cross case – Held, Admittedly, dispute is a private and personal affair – injury sustained does not involve any mental depravity nor amounts to a heinous crime – Matters are regarding monetary transactions and it could be a futile exercise for trial to proceed against them as it would not yield any fruitful result – In view of settlement arrived at between parties, there exists no scope for any further proceeding in matter – Continuance of proceedings would lead to wastage of precious judicial time as there would remain no possibility of any conviction in case – Court is of opinion that this is a fit case where inherent powers of Court under section 482 of Cr.P.C. could be exercised for securing ends of justice – Petitions allowed.
ORDER :
1. The aforesaid applications have been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIRs being C.R. Nos.11199050200173/2020, 11199050200170/2020 and 11199050200170/2020 respectively registered before Valia Police Station, Dist.: Bharuch for offences punishable under Sections 143, 147, 148, 149, 323, 324, 354, 427, 504, 506(2), 188 of the Indian Penal Code, Sections 135 & 139 of the G.P.Act, Section 51(B) of Disaster Management Act and Section 3 of Epidemic Diseases Act.
2. It is submitted by Mr.A.V.Agrawal, learned advocate and Mr.M.M.Saiyed, learned advocate appearing on behalf of the respective applicants that the impugned FIRs which are sought to be quashed, have arisen out of the common incident and both are cross case.
3. The issue was regarding monetary transactions which had taken a sour turn leading to filing of FIRs during the Covid, hence, apart from the Sections of IPC, Section 51(B) of the Disaster Management Act and Epidemic Disease Act have been invoked.
4. Both the Advocates submit that the accused and the complainant of both the matters are knowing each other and the parties have settled the dispute amicably outside the Court and that there remains no grievance between them. Therefore, in the larger interest of the society, the impugned complaint may be quashed and set aside.
5. The complainant Mr. Mohamad Rizwan Aiyub Limbada in Criminal Misc. Application No.6900 of 2020 and Criminal Misc. Application No.15278 of 2020, while complainant Yasmin Iqbal Mahmad Chandsha in Criminal Misc. Application No.12602 of 2020 are present before this Court and stated that there remains no dispute between them and they have settled the matter outside the Court and thus both the complainants urged to quash the FIRs against all the accused.
5.1 Learned advocates submitted that the Court may verify the said aspect from the original complainants - respondent nos.2 in the matters, who are present before the Court and identified by their respective advocates.
6. Advocate Mr. M.M.Saiyd has relied upon the case of State of U.P. through C.BI. S.P.E. Lucknow and Anr. Vs. R.K.Srivastava & Ors. reported in AIR(1989) SCC 2222, to submit that when the allegations in the FIR are same against all the accused persons, then entire proceedings against all should be quashed. Mr.Saiyed states that only one accused could not be joined as a petitioner in the matter; however, since they are all from a same locality, therefore urges to quash the FIRs against all the accused.
7. This Court verified the contents of the Affidavits with the original complainants – respondent nos.2 in the matters, who are present before the Court. The original complainants, affirmed about the execution of the Affidavits dated 10.01.2023, wherein terms of settlement have been recorded. The original complainants, categorically stated that they have no grievance against the applicants and that they have no objection to the quashment of the impugned first information reports filed by them.
8. Mr.Pranav Trivedi, learned Additional Public Prosecutor, submitted that any First Information Report should be quashed in accordance with the guidelines of the Apex Court and the parameters laid down therein.
9. This Court has heard the learned advocates appearing for the respective parties and has perused the material on record. In the Affidavits dated 10.01.2023 filed by respondent no.2 - original complainants in the matters, it has been categorically averred that the dispute with the applicants has been amicably resolved. It is also averred that there is no ill-will between the parties and that the original complainants had not sustained any serious injury in the alleged incident.
10. In case of State of Haryana V. Bhajan Lal and others, AIR 1992 SC 604, the Apex Court formulated as many as seven categories of cases, wherein the extraordinary power under Section 482 could be exercised by the High Court to prevent abuse of process of the cou
State of Haryana Vs. Bhajan Lal and others
Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303
State of Madhya Pradesh vs. Laxmi Narayan and others reported in (2019) 5 SCC 688
SupremeToday
The Court can exercise inherent powers under section 482 of the Cr.P.C. to quash proceedings based on a settlement between the parties, especially in cases with a private or civil nature, to prevent ....
whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC
Admittedly, the dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime. In view of the settlement arrived at between the p....
Dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.