Chaudhari Girishkumar Govindbhai vs State Of Gujarat & Anr.

Vimal K. Vyas, J

By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the impugned First Information Report No.11206061230095 of 2023 registered with the Santhal Police Station,Mehsana for the offences punishable under Sections 406, 420, 506(2) and 114 of the Indian Penal Code, as well as all other consequential proceedings arising pursuant thereto.

Today, when the matter is called out, the complainant is personally present before this Court. He has also filed a compromise purshish, which is in a vernacular language, as well as the affidavit. In the said affidavit, the complainant has categorically stated that with the intervention of the friends and family members, the dispute between him and the applicant-accused has been amicably resolved and there is no ill-will or any grievance amongst them. The complainant has also stated that he has no objection if the application is allowed and the impugned FIR is quashed and set aside.

Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal.

RULE returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.Kavan K. Patel waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

Learned advocate appearing for the applicants-accused has taken this Court through the factual matrix arising out of the present application and has submitted that the parties have amicably resolved the dispute and they do not want to proceed further with the matter as the same would put them to unnecessary harassment/hardships. It is submitted that the respondent-original complainant has also filed an affidavit in this regard and has declared that the dispute between him and the applicant-accused has been amicably resolved due to intervention of the friends, family members and respected persons of society.

Learned advocate has submitted that since the dispute has been amicably resolved between the parties, the trial would be a futile exercise and continuing further with the proceedings would amount to abuse of process of law. He has therefore, submitted that this Court may allow the present application by quashing and setting aside the impugned FIR/order in exercise of powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Learned APP appearing for the respondent-State has vehemently opposed the present application and has submitted that considering the seriousness and gravity of the offence, the complaint in question may not be quashed and the present application may be rejected.

The complainant, who is present in the Court, has been duly identified by learned advocate representing him and he has has categorically stated before this Court that the dispute has been amicably resolved and he has no objection if the application is allowed and the FIR is quashed and set-aside. Thus, it appears from the aforesaid that continuing further with the impugned FIR would be nothing but a futile exercise and would amount to abuse of process of law.

The relevant paragraph of the affidavit reads thus :

“ I say that after interaction with the present applicant and further discussions with the applicant, all doubts and grievances are resolved amicably between the parties by mutual understanding after the intervention of the respected family members of the society and family. That a settlement agreement to the said effect is entered into between the parties and the said is annexed with the memo of the quashing petition”.

It appears from the compromise purshish at page No. 25 to the application that the complainant has already received an amount of Rs 5,53,472 by way of demand draft.

10.1 Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that continuing with the criminal proceedings in relation to the impugned FIR against the applicant-accused would be nothing but unnecessary harassment to the applicant-accused. It further appears that to continue furt`her with the proceedings of the impugned FIR would be futile exercise and the same would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In the result, the application is allowed. The proceedings of the impugned First Information Report No. 11206061230095 of 2023 registered with the Santhal Police Station,Mehsana as well as all other consequential proceedings arising pursuant thereto qua the applicant are hereby ordered to be quashed and set-aside qua the applicant.

Rule is made absolute. Direct service is permitted.