CR.MA/5119/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 5119 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 ? ========================================================= NISHITH R BHATT & ANR Versus STATE OF GUJARAT & ANR ========================================================= Appearance : MR JA ADESHRA for Applicants:1-2 MR KP RAVAL, ADDL.PUBLIC PROSECUTOR for Respondent:1 MR RAJESH KANANI FOR MR ASHVIN M PANCHAL for Respondent:2 ========================================================= CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI Date : 22/04/2008 ORAL JUDGMENT 1. Rule. Mr.K.P.Raval, learned Additional Public Prosecutor waives service of notice of Rule on CR.MA/5119/2008 2/5 JUDGMENT behalf of respondent No.1 and Mr.Rajesh Kanani, learned advocate for Mr.Ashvin Panchal, learned advocate waives service of notice of Rule on behalf of respondent No.2-original complainant. 2. Having regard to the facts of the case, with the consent of the learned advocates for the parties, the matter is taken up for final hearing today. 3. The respondent No.2 herein had lodged a complaint before the Naranpura Police Station which was registered as I-C.R.No.210 of 2008 for the offences under Sections 406, 420 and 114 of the Indian Penal Code. The main dispute was that the complainant had paid Rs.3,55,000/- to the petitioners for securing admission in Facility Management Course in the U.K. However, though such admission was not secured, the petitioners had not returned the said amount. 4. It appears that subsequently the parties have amicably settled the dispute between them. Hence, the present petition has been filed by the petitioners praying that in view of the settlement arrived at between the parties, the complaint in question be quashed. 5. Mr.J.A.Adeshra, learned advocate for the petitioners has submitted that the petitioners with a view to save their image and reputation in the society and business circle and with a view to avoid unnecessary harassment and with a view to buy peace, have amicably settled the matter with the complainant by paying to the complainant a sum of Rs.3,30,000/- by CR.MA/5119/2008 3/5 JUDGMENT Pay Order No.102960 dated 15th April, 2008 drawn in favour of the complainant Tajendra Mangaldas Patel by Bank of Baroda, Usmanpura Branch, Ahmedabad towards full and final settlement of his entire claim. That this amicable settlement is with a specific understanding that whenever the complainant receives the fee refund amount of Rs.3,30,000/- from Gateway 2UK Education, UK or from Solution Consulting, the said amount would be immediately returned by the Complainant to Renisons Career Consultancy Pvt.Ltd. That the complainant has also agreed to return all original cheques which are detailed in the memo of petition. The respondent No.2-complainant has also agreed to unconditionally withdraw notice dated 10th April, 2008 issued by his Advocate Mr.Ashvin M.Panchal under Section 138 of the Negotiable Instruments Act, 1881 and has agreed that he would not file any criminal complaint in pursuance to notice dated 10th April, 2008. The complainant has also declared that as his grievance is redressed, he does not have the slightest objection if the First Information Report being I- C.R.No.210 of 2008 registered against the applicant and one another at Naranpura Police Station, Ahmedabad on 6th April, 2008, is quashed. 6. It is submitted that even otherwise looking to the facts and circumstances of the case as well as the settlement arrived at between the parties, the First Information Report in question deserves to be quashed. 7. The respondent No.2-original complainant has filed CR.MA/5119/2008 4/5 JUDGMENT an affidavit dated 16th April, 2008 reiterating what is stated by the learned advocate for the petitioner. Mr.Rajesh Kanani, learned advocate for Mr.Ashvin Panchal, learned advocate appearing for the complainant has submitted that the respondent No.2- complainant is present before this Court and on his instructions he states that the complainant has no objection if complaint in question is quashed. 8. 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. 9. Examining the fact of the present in the light of the aforesaid decisions, it is an undisputed position that the parties have amicably settled the dispute between them. In the circumstances, no fruitful purpose would be served if the proceedings are permitted to continue. Continuation of proceedings against the petitioners would therefore amount to an abuse of the process of Court. Besides, in view of the settlement arrived at between the parties the chances of an ultimate conviction are CR.MA/5119/2008 5/5 JUDGMENT also bleak. In the circumstances, the interest of justice would best be served if the complaint in question is quashed. This is, therefore, a fit case for exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973. 10.For the foregoing reasons, the petition succeeds and is, accordingly, allowed. The First Information Report being Naranpura Police Station I-C.R.No.210 of 2008 is hereby quashed. Rule is made absolute. (H.N.DEVANI, J.) Amit/-