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HIGH COURT OF GUJARAT
S.H. Vora, J
NIYATI NIRMAL SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL MISC.APPLICATION NO. 8576 of 2019 | Criminal Case No.8677 of 2016
For the Appellants/Petitioners: MR TEJAS P SATTA
For the Respondents: MS SHRUTI PATHAK, APP, MR SANJIV SHARMA
Court may quash criminal proceedings when parties amicably resolve their dispute to prevent abuse of legal process.
Headnote:This judgment concerns an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash a complaint pending against the applicant for multiple offenses under IPC. The parties resolved their dispute amicably, confirmed by the complainant's advocate. The court found that continuing the trial would be an abuse of process. The court thus quashed the FIR and ordered for complete disposal regarding the applicant, making the rule absolute to that extent.
| Table of Content |
|---|
| 1. introduction of parties and representation (Para 1 , 4) |
| 2. amicable resolution of the dispute (Para 5 , 7 , 8) |
| 3. final ruling on the application (Para 9) |
ORDER
1. Learned advocate Mr.Sanjiv Sharma states that he has instructions to appear for respondent No.2 – complainant. He is permitted to file his Vakalatnama.
2. Shri Sachin Das, power of attorney holder and authorized signatory of Respondent no.2 is present before the Court and admits correctness and genuineness of the affidavit filed by him through his learned advocate. Learned advocate Mr.Sharma identifies Shri Sachin Das, power of attorney holder and authorized signatory of respondent no.2 and confirms correctness and genuineness of the affidavit filed by him annexed at Annexure – B.
3. Rule. Learned A.P.P. Ms.Pathak and learned advocate Mr.Sharma waive service of Rule for respondent Nos.1 and 2 respectively.
4. With the consent of learned advocate for the applicant and learned advocate for respondent No.2 – original complainant, present application is taken up for final disposal today.
5. By way of the present application under Section 482 of the Code of Criminal Procedure , 1973 (for short, the ‘Code’), the applicant pray for quashing and setting aside the complaint being Criminal Case No.8677 of 2016 pending before the learned 2nd JMFC, Ahmedabad (Rural) for the offence punishable under Sections 406 , 418, 419, 420, 465, 468, 469 and 471 of IPC.
6. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application.
7. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement of dispute duly signed by Shri Sachin Das, power of attorney holder and Authorized person of respondent no.2.
8. Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between parties which is confirmed by the original complainant through his learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law.
Therefore, the impugned F.I.R. is required to be quashed and set aside.
9. Resultantly, this application is allowed.
Impugned complaint being Criminal Case No.8677 of 2016 pending before the learned 2nd JMFC, Ahmedabad (Rural) and all other consequential proceedings arising out of said complaint are hereby quashed and set aside qua the applicant only. Rule is before the learned 2nd JMFC, Ahmedabad (Rural) and all other consequential proceedings arising out of said complaint are hereby quashed and set aside qua the applicant only. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SATISH
