SCR.A/2424/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 2424 of 2007 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 ? ========================================================= BHACHUBHAI MAGANBHAI VAGHARI & ORS Versus STATE OF GUJARAT ========================================================= Appearance : MR SUDHANSHU S PATEL for Applicants:1-6 MR I M PANDYA APP for Respondent:1 ========================================================= CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI Date : 30/01/2008 ORAL JUDGMENT 1. RULE. Shri I.M.Pandya, learned Additional Public Prosecutor waives service of notice of Rule on SCR.A/2424/2007 2/5 JUDGMENT behalf of respondent-State of Gujarat. 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. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for quashing and setting aside the First Information Report registered with Gandhinagar Sector-7 Police Station vide the Crime Register-I- No.169 of 2007. 4. The facts stated briefly are that the applicant no.1 who is the original complainant had lodged the First Information Report in question before Gandhinagar Sector 7 Police Station against the applicants no.2 to 6 herein alleging commission of offences punishable under Sections 467, 408, 471, 406, 420 and 114 of the Indian Penal Code. It appears that subsequently the parties have amicably settled the dispute between them and have thereafter jointly moved this petition for quashing and setting aside the First Information Report in question. A copy of the compromise deed is annexed at 'Annexure-C' to the petition. SCR.A/2424/2007 3/5 JUDGMENT 5. Shri Sudhansu Patel, learned advocate for the applicants has drawn attention to the conditions set out in the compromise deed, and more particularly to condition no.2 thereof, wherein it has been specifically agreed between the parties that the First Information Report lodged at Gandhinagar Sector 7 Police Station shall be unconditionally withdrawn. It is urged that considering the fact that parties have settled the matter, no fruitful purpose would be served if the investigation is permitted to be continued. It is submitted that considering the fact that the complainant as well as the accused have jointly filed the present petition for quashing the First Information Report in question, this Court may, in the interest of justice, quash the First Information Report. Reliance is placed upon a decision of this Court in the case of Sarojben wife of Pramodchand Girdharlal Chhikniwala and Ors. Vs. The State of Gujarat rendered in Criminal Misc.Application No.8387 of 2006 on 7th August, 2006 wherein this Court had quashed the First Information Report filed in respect of similar offences, despite the fact that the said offences SCR.A/2424/2007 4/5 JUDGMENT are not compoundable. 6. Shri I.M.Pandya, learned Additional Public Prosecutor, has submitted that the concerned Investigating Officer has ascertained the veracity of the averments made in the petition. 7. This Court in the case of Rajeshbhai Natwarlal Agrawal and Ors. V.State of Gujarat, (2005) 3 GLH 504 has, after considering various decisions on the issue, held that it would not be just and proper nor it would be in the interest of justice to compel the parties to face trial despite there being settlement. The Punjab and Haryana High Court in the case of Inderjitsinh v.State of U.T. Chandigarh & Anr. III (2006) CCR 24 has held that continuation of proceedings will be an exercise in futility where the parties have amicably settled the dispute and have compromised the matter. 8. Examining the facts of the present case in the light of the decisions cited hereinabove, this Court is of the view that when the parties have amicably settled the matter, no fruitful purpose would be served by permitting continuation of further proceedings pursuant to the complaint in SCR.A/2424/2007 5/5 JUDGMENT question. This is, therefore, a fit case for exercise of powers under Section 482 of the Code of Criminal Procedure, 1973, whereby, in the interest of justice, the complaint in question is required to be quashed. 9. In the result, the petition succeeds and is accordingly allowed. The First Information Report registered with Gandhinagar Sector 7 Police Station vide Crime Register-I- No.169 of 2007 is hereby quashed. Rule is made absolute. Direct Service is permitted. (H.N.DEVANI, J.) Amit/-