The court emphasized the wide amplitude of inherent powers under section 482 of Cr.P.C. and the principles governing the exercise of such powers, highlighting the nature and gravity of the offence, public interest in punishing persons for serious offences, and the implications of economic offences on the financial and economic well-being of the state.

JUDGMENT :

1. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and complainant has been resolved amicably, this matter is taken up for final disposal forthwith.

2. By way of this petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (for short, “the Cr.P.C.”), the petitioner has prayed to quash and set aside the complaint being FIR No.11192011220374 registered with Bopal Police Station, District: Ahmedabad for the offences punishable u/s. 406, 419, 420, 465, 467, 468, 471, 474, 120(B) of IPC and all other consequential proceedings.

3. Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, the parties have amicably settled their issue by way of mutual settlement and pursuant to understanding arrived at, the Complainant has accordingly filed an affidavit, which is on record. The complainant has categorically stated in the affidavit that dispute is amicably resolved and has no objections if the present proceedings are quashed and there is no surviving grievance between them.

4. Having heard learned advocate for the petitioners and learned APP for the respondent State, it appears that present applicant accused had clearly played an active role in the commission of serious offence of forgery, used such forged documents as genuine to grab the land of the original complainant. It appears that the present applicant accused and his brother who is in judicial custody in connection with the present offence, are in habit of grabbing the lands by such and similar modus operandi and other criminal complaints of forgery have been lodged against the present applicant. It also appears that the applicant accused is habitual offender and he is involved in total 7 offences including the present and he is shown as absconder since the charge-sheet is filed qua other accused. It also appears that the conduct of the applicant of not cooperating with the investigating agency though there are conditional bail orders passed by the Hon’ble Apex Court as well as by this Hon’ble Court. The present applicant was considered on regular bail by the Hon’ble Apex Court vide order dated 26.08.2022 in Criminal Appeal No.1350 of 2022 in connection of offence registered with the Vastrapur Police Station, however, the State of Gujarat had filed an application for cancellation of bail of the applicant accused in connection with C.R. NO.I- 11191020201493 registered with Vastrapur Police Station and the same is pending for its adjudication before this Court.

5. This Court notices that this request is made for exercise of inherent powers under section 482 of the Cr.P.C., which are very wide amplitude. These inherent powers can be exercised either to sure the ends of justice or to prevent the abuse of process of law. However, it would dependent on the facts and circumstances of each case and no category is prescribed by the Court for the same. What is required to be considered is the nature and gravity of the offence. Heinous and serious offences, such offence of rape or dacoity or murder or the offence leading to serious injuries etc. may not be considered for the purpose of exercise of inherent powers.

6. Ordinarily, it is expected that the category of commercial offences or disputes of mercantile and of civil nature or matrimonial disputes or disputes of partnership firms etc., the Court may consider to exercise these powers, when the parties have chosen to settle the disputes. The Court also need to record, whether the continuation of the criminal prosecution would cause extreme prejudice to the accused or would cause him injustice, if not allowed the quashment, even after the parties have settled all their disputes. These powers are required to be exercised sparingly, as stated above. Since, the offence aga