CR.MA/6107/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 6107 of 2008 For Approval and Signature: HONOURABLE MS.JUSTICE H.N.DEVANI ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= GHELABHAI CHHAGANBHAI RABARI AND OTHERS Versus STATE OF GUJARAT AND ANOTHER ========================================= Appearance : MR JB PARDIWALA for the Petitioners MR KP RAVAL, APP for Respondent No.1 MR PARESH DARJI for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI Date : 12/05/2008 ORAL JUDGMENT 1. Rule. Mr. K.P. Raval, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent No.1 – State of Gujarat and Mr. Paresh Darji, learned advocate waives service of notice of rule on behalf of respondent No.2 – original complainant. CR.MA/6107/2008 2/4 JUDGMENT 2. Having regard to the facts of the case, by consent of the learned advocates for the parties, the matter is taken up for hearing today. 3. The facts stated briefly are that the respondent No.2 herein had lodged a First Information Report being Sarkhej Police Station I C.R. No.143 of 2007 alleging commission of offences punishable under sections 406, 420, 467, 468, 471, 477, 34 and 120-B IPC against the present petitioners. 4. It appears that subsequently, the parties have amicably settled the dispute between them and the same has been reduced in writing by a compromise pursis dated 1st October, 2007, which is at Annexure D to this application. 5. In response to the averments made in the application, the respondent No.2 – original complainant has filed an affidavit, wherein he has specifically stated that the dispute essentially was pertaining to land and with the intervention of elders of the family and friends, it was decided amongst one and all that the matter may be amicably resolved and the entire dispute be put to an end. That as a result of the amicable settlement, he had tendered a compromise pursis so far as Special Civil Suit No.148 of 2005 is concerned and the suit was disposed of in terms of the said compromise. It is further submitted that as on today, no dispute survives and therefore, he is not desirous to pursue the First Information Report which he had lodged with Sarkhej Police Station on 7th June, 2007 which has been registered as C.R. No. I 143 of 2007. It is categorically averred that he has no objection if the CR.MA/6107/2008 3/4 JUDGMENT said First Information Report is quashed as he has already settled the entire dispute with each of the petitioners. It is also stated that he wants to maintain cordial relations with the petitioners and would like to peacefully put an end the entire litigation. It is in these circumstances, the petitioners have moved this application under section 482 of the Code of Criminal Procedure, 1973 (the Code) before this Court praying to quash the First Information Report in question. 6. Mr. K.B. Anandjiwala, learned advocate for Mr. J.B. Pardiwala, learned advocate for the petitioners has submitted that in view of the fact that the parties have amicably settled the dispute between them, no fruitful purpose would be served if the proceedings against the petitioners are permitted to continue and that continuation of the proceedings would amount to an abuse of the process of Court. The learned advocate for the respondent No.2 has reiterated what is submitted by the learned advocate for the petitioners. Both the learned advocates for the parties have jointly submitted that the complaint in question be quashed in the interest of justice. 7. It is settled legal position as held by the Apex Court as well as this Court and the other High Courts that when parties have amicably settled the dispute between them, this Court can after considering the facts and circumstances of the case quash the complaint. 8. Considering the facts noted hereinabove, it is apparent that the parties have amicably settled the dispute between them, hence, continuation of the proceedings would be an CR.MA/6107/2008 4/4 JUDGMENT abuse of the process of Court. Besides, continuation of the proceedings would not permit the parties to maintain cordial relations, hence, the interest of justice requires that the complaint in question be quashed, so that the parties can move ahead in life and maintain cordial relations with each other. This is therefore, a fit case for exercise of inherent powers under section 482 of the Code. 9. For the foregoing reasons, the application succeeds and it is accordingly allowed. The First Information Report being Sarkhej Police Station I C.R. No.143 of 2007 is hereby quashed. Rule is made absolute. (HARSHA DEVANI, J.) shekhar/-