CR.MA/3363/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 3363 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= = 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 ? ========================================= = MANGALSINH CHHATRASINH RATHOD - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================= = Appearance : MR SP MAJMUDAR for Applicant(s) : 1, MR PP MAJMUDAR for Applicant(s) : 1, MR RC KODEKAR, APP for Respondent(s) : 1, MR HARSHADRAY A DAVE for Respondent(s) : 2, MR HARDIK A DAVE for Respondent(s) : 2, ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 22/09/2008 ORAL JUDGMENT CR.MA/3363/2008 2/3 JUDGMENT RULE. Shri R.C. Kodekar, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent no.1 and Shri Hardik Dave, learned advocate waives service of notice of rule on behalf of respondent no. 2. With the consent of the learned advocates appearing for the respective parties, the application is taken up for final hearing today. By way of this application under Section 482 of the Code of Criminal Procedure, the applicant-original accused no. 7 has prayed for an appropriate order to quash and set aside Crime Register No. I-121/2008 registered at J.P. Road Police Station, Vadodara filed for the offences punishable under Sections 420, 406 and 114 of the Indian Penal Code. Shri Majmudar, learned advocate appearing on behalf of the applicant-original accused no. 7 has submitted that as such the civil dispute has been converted into criminal complaint and in fact for the very transaction, the civil proceedings were pending. It is further submitted that continuing with the criminal proceedings against the applicant would be abuse of process of law. Shri Majmudar, learned advocate appearing on behalf of the applicant, Shri R.C. Kodekar, learned APP appearing on behalf of respondent no. 1 and Shri Hardik Dave, learned advocate appearing on behalf of respondent no. 2 have jointly submitted that even otherwise the parties have settled the dispute amicably and the civil proceedings have been disposed of. In the facts and circumstances of the case and CR.MA/3363/2008 3/3 JUDGMENT considering the averments and the allegations in the impugned complaint, prima facie it appears that the civil dispute has been converted into criminal proceedings. Under the circumstances, to continue with the proceedings against the applicant, would be abuse of process of law. Under the peculiar facts and circumstances of the case, prima facie it cannot be said that the applicant has committed any offence as alleged under Sections 420, 406 and 114 of the Indian Penal Code and, therefore, the impugned complaint requires to be quashed and set aside. For the reasons stated hereinabove, the application succeeds. The impugned complaint, being Crime Register No. I-121/2008 registered at J.P. Road Police Station, Vadodara, is hereby quashed and set aside so far as the applicant is concerned. Rule is made absolute accordingly. (M.R. SHAH, J.) siji