Vinodbhai Bhikhubhai Pattani and Others vs State of Gujarat and Others

Honourable Mr. Justice Rajesh H. Shukla

Rule. Learned A.P.P., Mr. H.L. Jani for the respondent no.1-State of Gujarat and learned counsel, Mr. Siraj Gori appearing for Mr. Dharmesh Nanavati for the respondent no.2-original complainant waive service of notice of rule.

The present petition has been filed by petitioners, who are original accused nos.2, 3 and 10, under Article 226 of the Constitution of India as well as u/s 482 of the Criminal Procedure Code for the prayer that FIR being C.R.No.I-38/2008 registered with Saherkotda Police Station as well as Criminal Case No.707 of 2008 pending before the Court of the Learned Metropolitan Magistrate, Court No.3, Ahmedabad and all other proceedings initiated pursuant to aforesaid FIR may be quashed and set aside on the ground that the parties have amicably settled the dispute.

Heard learned counsel, Mr. Hriday Buch for the petitioners, learned A.P.P., Mr. H.L. Jani for the respondent no.1-State of Gujarat and learned counsel, Mr. Siraj Gori appearing for Mr. Dharmesh Nanavati for the respondent no.2-original complainant.

Learned counsel, Mr. Buch has referred to the affidavit produced on record and submitted that as stated in this affidavit, at the intervention of the elders of the family, the dispute has been settled between the parties and, hence, the impugned FIR and proceedings pursuant thereto may be quashed and set aside qua the petitioners. He has referred to the affidavit of the original complainant, which is produced at Annexure-C. Learned counsel, Mr. Buch has referred to the judgment reported in B.S. Joshi and Others Vs. State of Haryana and Another, and submitted that the Hon''ble Apex Court in this judgment has observed that such settlement arrived at between the parties may be permitted to compound the offence in exercise of inherent powers and complaint may be quashed.

Learned A.P.P., Mr. Jani has also stated that appropriate order may be passed.

Learned counsel appearing for learned counsel, Mr. Nanavati for the complainant has also confirmed about the settlement qua the present petitioners.

In view of these submissions and having regard to the facts and circumstances as well as the affidavit as also the observations made by the Hon''ble Apex Court in a judgment reported in B.S. Joshi & Ors. (supra), wherein it has been specifically referred to the scope and object of Section 498(A) of the Indian Penal Code and when the complainant is supporting the quashing of the complaint and the proceedings pursuant thereto, there are no chances of conviction as the parties have arrived at settlement, the parties may be permitted to compound the offence in exercise of inherent powers to quashed the proceedings. Therefore, the present petition deserves to be allowed.

In the circumstances, the present petition stands allowed in terms of Para No.6(B). The impugned FIR being C.R.No.I-38/2008 registered with Saherkotda Police Station as well as Criminal Case No.707 of 2008 pending before the Court of the Learned Metropolitan Magistrate, Court No.3, Ahmedabad and all other proceedings initiated pursuant to the impugned FIR are hereby quashed and set aside qua the present petitioners.

Rule is made absolute. Direct service is permitted.