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2023 Supreme(Online)(GUJ) 114
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 23269 of 2022 ========================================================== PRATIK KANTIBHAI CHADOTARA (PRAJAPATI) Versus STATE OF GUJARAT ========================================================== Appearance:
MR.MRUDUL M BAROT(3750) for the Applicant(s) No. 1,2,3,4 MR SIDDHANT J PARASHAR(12693) for the Respondent(s) No. 2 MR SOHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 11/01/2023
In cases where a dispute has been amicably settled between the parties, the court may exercise its powers under Section 482 of the Code of Criminal Procedure to quash the FIR and subsequent proceedings to prevent unnecessary harassment and abuse of process.
Headnote:
CRIMINAL PROCEDURE - QUASHING OF FIR - SECTION 482 - SETTLEMENT - [The court quashed an FIR and subsequent proceedings under Section 482 of the Code of Criminal Procedure, 1973, as the parties had amicably settled their dispute and the complainant had no objections to the quashing of the proceedings.]
Fact of the Case:
The applicants filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash an FIR and subsequent proceedings. The parties had amicably settled their dispute during the pendency of the criminal proceedings.
Finding of the Court:
The court found that the dispute between the parties had been resolved amicably and that the complainant had no objections to the quashing of the proceedings. The court also considered the decisions in Gian Singh v. State of Punjab & Anr., Madan Mohan Abbot v. State of Punjab, Nikhil Merchant v. Central Bureau of Investigation & Anr., Manoj Sharma v. State & Ors., and Narinder Singh & Ors. v. State of Punjab & Anr.
Issues: Whether the FIR and subsequent proceedings should be quashed in light of the settlement between the parties.
Ratio Decidendi: The court held that the continuation of criminal proceedings against the applicants would be unnecessary harassment and an abuse of process. The court exercised its powers under Section 482 of the Code of Criminal Procedure to quash the FIR and subsequent proceedings to secure the ends of justice.
Final Decision: The court allowed the application and quashed the FIR and subsequent proceedings.
ORDER
1. Heard learned advocates for the respective parties.
2. Rule. Learned advocates appearing for the respective respondents waive service of Rule on behalf of the respective respondents.
3. 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 applicants and respondent No.2 has been resolved amicably, this matter is taken up for final disposal forthwith.
4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the applicants have prayed for quashing and setting aside FIR being C.R.No.11208052221108 of 2022 registered with Bhaktinagar Police Station, Rajkot, for the offences as mentioned in the FIR as well as other consequential proceedings arising thereto.
5. Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their issue by way of mutual settlement and pursuant to understanding arrived at between them, respondent No.2 has accordingly filed an affidavit, which is on record. The complainant has categorically stated in the affidavit that the dispute is resolved between them and he has no objections if the present proceedings are quashed and there is no surviving grievance between them.
6. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
7. Resultantly, this application is allowed. The impugned FIR being C.R.No.11208052221108 of 2022 registered with Bhaktinagar Police Station, Rajkot as well as other consequential proceedings are hereby quashed and set aside qua the applicants herein. Accordingly, Rule is made absolute. Direct service is permitted.
(ILESH J. VORA,J) Rakesh
