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GITA GOPI
Deepak Narayanbhai Suva – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. RULE. Learned Additional Public Prosecutor Mr. Hardik Mehta waives service of notice of Rule on behalf of the respondent - State and learned Advocate Ms. Shweta Lodha waives service of notice of Rule on behalf of the complainant and victims.
2. Learned Advocate for the applicants Mr. Virat Popat makes a prayer for amending the relief prayed for in this Application. Permission as prayed for is granted. The same be carried out forthwith.
3. By way of this application, the prayers are made to the extent of quashing and setting aside the impugned order dated 21.07.2022 framing the charge passed by the learned 11th Additional Sessions Judge at Dhoraji, Rajkot in connection with Sessions Case No.18 of 2022 arising out of the First Information Report (FIR) being C.R. No.11213064220182 of 2022 lodged with Upleta Police Station, Rajkot (Rural) for the offences punishable under Sections 143, 147, 148, 149, 307, 324, 325, 338, 504 and 506(2) of the Indian Penal Code (IPC) and under Section 135 of the G.P. Act, as well as to stay the above impugned order.
4. Learned Advocate for the applicants Mr. Virat Popat states that the facts of the case does not reflect any charge to be framed und
The court established that charges under serious offences require substantial evidence, and settlements can lead to quashing in cases with a civil nature.
(1) Compounding of offence – Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence.(2) Mere mention of....
The court emphasized that FIRs for heinous offences like Section 307 IPC cannot be quashed based solely on compromise, prioritizing societal impact and the possibility of conviction.
The distinction between compounding offences and quashing proceedings is crucial; quashing may be warranted even for non-compoundable offences if a settlement exists.
The court can quash criminal proceedings for non-compoundable offences when parties amicably settle their disputes, especially if the accusations do not reflect serious societal harm.
Offences under Section 307 IPC are heinous and cannot be quashed solely on the ground of a compromise.
FIR under Section 307 IPC not quashable on compromise if charge-sheet evidences grievous life-endangering injuries from deadly weapons, establishing prima facie heinous offence against society.
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