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HIGH COURT OF GUJARAT
JCD
MANISHBHAI HARIHARBHAI PANDYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(J.C. DOSHI, J.)
1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicant seek quashing of the FIR registered as C.R.No.I-014 of 2020 registered (11196003200072) with Manjalpur Police Station, Vadodara for the offence punishable under Sections 406, 420, 427, 465, 467, 468, 471, 441, 294(b), 506(2) and 120B of the Indian Penal Code and further proceedings arising thereof.
2. Learned advocate for the petitioner submitted that first informant has compromised dispute with main accused Natvarbhai Babarbhai Solanki, pursuant to which in Criminal Misc. Application No.2882 of 2020, Co-ordinate Bench has quashed the FIR in question by passing order on 01.10.2024. He would submit that petitioner is power of attorney of Naginbhai and in capacity of power holder, he has filed Regular Civil Suit No.504 of 2019 before the learned Court, Vadodara and later on the suit is withdrawn. Therefore, he submits that looking to the chequred fact, putting the petitioner to trial would be futile exercise. Learned advocate for the petitioner submits that petitioner on his own is willing to deposit Rs.25,000/- before the District Legal Services Auth
The court may quash an FIR if continuation of proceedings would cause unnecessary hardship or abuse of process of law, especially when parties have amicably settled their disputes.
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
The Court can exercise inherent powers under Cr.P.C. to quash criminal proceedings if the settlement makes conviction unlikely and continuing the case would cause oppression and prejudice to the accu....
When parties amicably settle their dispute and further continuation of criminal proceedings would be futile and an abuse of process of law, the FIR and consequential proceedings can be quashed under ....
The inherent powers of the High Court under Section 482 can be used to quash criminal proceedings to meet the ends of justice, especially in cases of compromise between the parties.
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