Dipen Kantilal Patel vs State of Gujarat and Another

R.M. Chhaya, J.—Heard Mr. Patel, learned advocate, for Mr. Ashish M. Dagli, learned advocate for the applicant, M. Alkesh N. Shah, learned Assistant Public Prosecutor for respondent No. 1-State. Mr. Venkita Iyer, Assistant Vice President and Branch Head of Vallabh Vidhyanagar Branch, Axis Bank Ltd., respondent No. 2 herein, is present in the court. By way of the present application u/s 482 of the Code of Criminal Procedure, 1973 (the Code) the applicant has prayed for quashing of F.I.R. being C.R. No. I-42 of 2006 registered with Vallabh Vidhyanagar Police Station, Dist. Anand for the offences punishable under Sections 467, 468, 471 and 420 of the Indian Penal Code, 1860 (the IPC).

In the nutshell, the allegation in the F.I.R. relates to signing of slip of a demat account belonging to Mahesh Pathak and Harshita Pathak, thereby executing transfer of shares belonging to five different limited companies.

Learned advocate for the applicant has submitted that the allegations of creating forged documents in order to execute transfer of shares worth Rs. 42,79,000/-, whereby it is alleged that the applicant has committed the alleged offences of cheating and forgery, are not true. It is asserted that no such transaction has ever taken place and even, according to the version of respondent No. 2, the same was as a result of mistake and the shares in question stand transferred in the demat account of the aforesaid Mahesh Pathak and Harshita Pathak. It is submitted that the F.I.R. does not disclose any offence as alleged even if it is taken at its face value. It is submitted that even the first informant has filed an affidavit before this Court to the effect that the shares in question have been transferred in the joint demat account No. 10376713 standing in the names of Mahesh Pathak and Harshita Pathak. Attention was invited of this Court to the averment made in the affidavit filed by respondent No. 2 to the effect that no grievance and dispute now survive between respondent No. 2 and the present applicant. It is submitted that even, according to respondent No. 2, this Court may, in exercise of its inherent powers u/s 482 of the Code, allow the present application as any further continuation of the proceedings pursuant to the impugned F.I.R. shall amount to harassment to the parties and in view of the fact that the issue is settled between the parties, the trial would be futile and the same would also amount to abuse of process of law and court and, therefore, it is submitted that in order secure the ends of justice, this Court may quash the impugned F.I.R. as well as all consequential proceedings arising out of the impugned F.I.R.

Mr. Venkita Iyer, Assistant Vice President and Branch Head of Vallabh Vidhyanagar Branch, Axis Bank Ltd., respondent No. 2 herein, has reiterated the contents of the affidavit dated 22.10.2013 and has submitted that this Court may pass appropriate orders.

It may be noted that this Court in order to ascertain the facts stated in the aforesaid affidavit this Court has passed the following order on 02.12.2013:

Mr. Venkita Iyer, Assistant Vice President and Branch Head of Vallabh Vidhyanagar Branch, Axis Bank Ltd., respondent No. 2 herein, is present in the court and produces photocopy of his Identity Card as well as the certificate of authorization dated 02.12.2013 in original. He has also tendered photocopy of the General Power of Attorney given by the bank, which is taken on record.

Mr. Patel, learned counsel, for Mr. Ashish M. Dagli, learned counsel for the applicant, states that on behalf of the aforesaid documents i.e. certificate of authorization as well as General Power of Attorney, Mr. Iyer has filed affidavit stating that respondent No. 2-Bank has no objection of the complaint is quashed and set aside, which affidavit is taken on record.

Learned Assistant Public Prosecutor for the respondent-State seeks some time to verify the police papers. S.O. to 10.12.2013.

Learned Assistant Public Prosecutor for the respondent-State, on instructions from the Investigating Officer, has submitted that what has been stated in the affidavit has been verified by the concerned Investigating Officer and the same is found to be correct. On instructions, it is further submitted that no other complaints have filed and/or are pending in relation to the transactions, which are alleged in the impugned F.I.R.

Having heard the learned advocates appearing on behalf of the respective parties, considering the facts and circumstances arising out of the present application as well as considering the decisions rendered in the cases of Gian Singh Vs. State of Punjab and Another, Madan Mohan Abbot Vs. State of Punjab, Nikhil Merchant Vs. Central Bureau of Investigation and Another, as well as in the case of Manoj Sharma Vs. State and Others, it appears that further continuation of criminal proceedings in relation to the impugned F.I.R. against the applicant-original accused would be unnecessary harassment to the applicant and the trial would be futile and would also amount to abuse of process of law and court and hence, to secure the ends of justice, the impugned F.I.R. as well as all other proceedings arising out of the impugned F.I.R. are required to be quashed in exercise of power u/s 482 of the Code.

For the reasons stated hereinabove, the present application is allowed. Impugned F.I.R. being C.R. No. I-42 of 2006 registered with Vallabh Vidhyanagar Police Station, Dist. Anand as well as all other consequential proceedings arising out of the aforesaid FIR are hereby quashed and set. Rule is made absolute to the aforesaid extent.