CR.MA/3092/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 3092 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 ? ========================================================= VIKARAMSINH KANAKSINH MANGAROLHA & ANR Versus STATE OF GUJARAT ========================================================= Appearance : MR BB NAIK WITH MR NIGAM SHUKLA for Applicant:1 MR VIJAY PATEL for Applicant:2 MR LB DABHI ADDL.PUBLIC PROSECUTOR for Respondent:1 ========================================================= CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI Date : 12/03/2008 ORAL JUDGMENT 1. RULE. Mr.L.B.Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the opponent-State of Gujarat. CR.MA/3092/2008 2/4 JUDGMENT 2. By this application under Section 482 of the Code of Criminal Procedure, 1973 (the Code), the applicants seek quashment of the First Information Report being Satellite Police Station I.C.R.No.260 of 2008 and all proceedings incidental thereto. 3. The applicant No.1 is the original complainant and the applicant No.2 is the original accused No.2. The applicant No.1 had lodged the aforesaid First Information Report against the applicant No.2 and other accused persons alleging commission of offences punishable under Sections 143, 147, 395, 326, 294(b) and 506(2) of the Indian Penal Code (IPC). 4. Pursuant to the incident from which the present First Information Report arose, the applicant No.2 had also lodged a counter complaint against the applicant No.1 and others. Subsequently, it appears that on account of intervention of family members and other respectable members of the society, the dispute has been amicably resolved outside the Court. Since the offence under Section 395 of the Code is not a compoundable offence, the applicants have approached this Court by way of present application seeking quashment of the First Information Report in question. 5. Heard Mr.B.B.Naik, learned advocate with Mr.Nigam Shukla, learned advocate for applicant No.1, Mr.Vijay Patel, learned advocate for applicant No.2 CR.MA/3092/2008 3/4 JUDGMENT and Mr.L.B.Dabhi, learned Additional Public Prosecutor on behalf of the opponent-State of Gujarat. 6. Both the learned advocates for the applicants have jointly submitted that the complaint in question had been lodged on the spur of the moment on account of the situation which was prevailing at the relevant time. However, once the heat and the dust has settled down and wisdom and wiser sense has prevailed, the parties have, therefore, amicably resolved the dispute between them. 7. It is settled legal position as held by the Apex Court in the case of B.S.Joshi Vs. State of Haryana, (2003) 4 SCC 675 as well as a catena of other decisions, that powers under Section 482 of the Code of Criminal Procedure, 1973, are wide enough to quash those proceedings where the parties have arrived at a settlement and do not bear any grievance against each other though the proceedings may be under offences which are non-compoundable under Section 320 of the Code. 8. Considering the facts of the present case in the light of the decisions cited hereinabove, this Court is of the view that once the parties have settled the dispute between them, continuation of the proceedings would amount to abuse of the process of Court. Besides, the chances of an ultimate conviction are also bleak. This is therefore, a fit case for exercise of powers under Section 482 of the Code. In the circumstances the ends of justice would CR.MA/3092/2008 4/4 JUDGMENT be met if the First Information Report and the proceedings pursuant thereto are quashed. 9. For the foregoing reasons, the application succeeds and is, accordingly, allowed. The First Information Report being Satellite Police Station I.C.R.No.260 of 2008 and all proceedings incidental thereto are hereby quashed. Rule is made absolute accordingly. Direct Service is permitted today. (H.N.DEVANI, J.) Amit/-