PUNJABHAI RAMBHAI ODEDARA v. JAYESHBHAI RANCHHODBHAI BUSA
Court: High Court of Gujarat
Bench: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Judgment date:
Case summary
High Court of Gujarat judgment dated 2024-01-31. PUNJABHAI RAMBHAI ODEDARA v. JAYESHBHAI RANCHHODBHAI BUSA. Read the judgment and case details on LawSphereX.
Judgment text
R/SCR. A/1277/2024 ORDER DATED: 31/01/2024 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1277 of 2024 ========================================================== PUNJABHAI RAMBHAI ODEDARA Versus JAYESHBHAI RANCHHODBHAI BUSA ========================================================== Appearance: MR NITIN M AMIN(126) for the Applicant(s) No. 1,2 MR SANJAY M AMIN(130) for the Applicant(s) No. 1,2 for the Respondent(s) No. 1 MS VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 31/01/2024 ORAL ORDER [1. 0] Learned advocate Ms. Shivangi Vyas states that she has instructions to appear on behalf of the original complainant and seeks permission to file her Vakalatnama, which is granted. Heard learned advocates for the respective parties. [2. 0] RULE.
Learned advocates waive service of note of Rule on behalf of the respective respondents. [3. 0] Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith. [4. 0] By way of this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), the petitioners have R/SCR. A/1277/2024 ORDER DATED: 31/01/2024 prayed to quash and set aside the FIR being CR No. I-61 of 2019 registered with Panch A Division Police Station, District Jamnagar for the offences punishable under Sections 419, 420, 465, 467, 471, 120-B and 34 of the Indian Penal Code, 1860 and to quash all other consequential proceedings arising therefrom. [5.
0] Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit dated 17. 01. 2024 which is annexed with the petition. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioners has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. [6. 0] Going through the papers of the petition, it appears that impugned FIR came to be filed at the instance of respondent No. 1 – original complainant wherein it is alleged that the accused persons by hatching conspiracy in furtherance of their common intention by impostering themselves have tried to snatch the agricultural land of Revenue Survey No. 403 of the complainant situated at village Dhuvav, District Jamnagar worth Rs.
2 Crore and in this regard impugned FIR came to be filed including the Sub-Registrar. It also appears that for the said dispute, civil suit being Regular Civil Suit No. 55/2020 was also filed and subsequently, as the dispute was settled, said civil suit came to be decreed by the learned Principal Senior Civil Judge, Jamnagar R/SCR. A/1277/2024 ORDER DATED: 31/01/2024 on 08. 02. 2020 pursuant to the consent terms arrived at between the parties. It also appears that the impugned FIR came to be quashed and set aside qua accused No. 1 vide order dated 11. 09. 2020 passed by the coordinate Bench in Criminal Misc. Application No. 20143 of 2020. Now, the dispute is amicably settled between the parties and hence, present petition deserves consideration. [7. 0] It is necessary to consider whether the power conferred by the High Court under section 482 of the CrPC is warranted.
It is true that the powers under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. The Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage as the Hon’ble Supreme Court has decided in the case of Central Bureau of Investigation vs.
Ravi Shankar Srivastava, IAS & Anr. , reported in AIR 2006 SC 2872. R/SCR. A/1277/2024 ORDER DATED: 31/01/2024 [8. 0] Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr. , reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr. , reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors. , reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr.
reported in 2014 (2) Crime 67 (SC) as also considering the fact that now the dispute is amicably settled and there is bleak chance of conviction of the present petitioners at the end of trial, in the opinion of this Court, the further continuation of criminal proceedings against the present petitioners in relation to the impugned FIR would cause unnecessary harassment to the petitioners. Further, even the complainant has affirmed the fact of settlement and filing of affidavit by him. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr. P. C.. At this stage it is appropriate to refer to the decision of the Hon’ble Supreme Court in the case of State of Haryana vs.
Bhajan Lal reported in (1992) Supp (1) SCC 335 wherein it has been observed and held as under: “(5) where the allegations made in the FIR or complaint are R/SCR. A/1277/2024 ORDER DATED: 31/01/2024 so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused; (6) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; (7) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. ” [9.
0] In the result, petition is allowed. The impugned FIR being CR No. I-61 of 2019 registered with Panch A Division Police Station, District Jamnagar as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners herein. If the petitioners are in jail, the jail authority concerned is directed to release the petitioners forthwith, if not required in connection with any other case. Rule is made absolute to the aforesaid extent only. Direct service is permitted. (HASMUKH D. SUTHAR, J. ) Ajay
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