Maheshbhai vs State Of Gujarat & on 1 September, 2017

R/CR.MA/21746/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET
ASIDE FIR/ORDER) NO. 21746 of 2017

MAHESHBHAI S/O KASHIRAM POLABHAI
BHARWAD….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR BHAVIN S RAIYANI, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 01/09/2017

ORAL ORDER

1. Heard the learned advocates appearing for the respective
parties. Learned advocate Mr. Kunal Desai states that he has
an instruction to appear for the respondent No.2 –
complainant. He is permitted to file his appearance forthwith.

2. Rule. Learned Additional Public Prosecutor as well as
learned advocate appearing for the Complainant waive
service of Rule on behalf of the respective respondents.

3. Considering the issue involved in the present application and
with consent of the learned advocates appearing for the
respective parties as well as considering the fact that the
dispute amongst the applicant and respondent No.2 has been
resolved amicably, this application is taken up for final
disposal forthwith.

4. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as “the
Code”), the applicant has prayed for quashing and setting

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aside FIR bearing C.R.No. I-65 of 2017 registered with
Bapod Police Station, Vadodara City for the commission
of offence punishable under Sections 363, 366 and 376 etc. of
the IPC and under Section 5(L) and 6 etc. of the Protection of
Children From Sexual Offences Act, 2012 (POCSO Act) as
well as all other consequential proceedings arising out of the
aforesaid FIR and qua the applicant.

5. Learned advocate for the applicant has taken this Court
through the factual matrix arising out of the present
application. At the outset, it is submitted that the parties
have amicably resolved the issue and therefore, any further
continuance of the proceedings pursuant to the impugned
FIR as well as any further proceedings arising therefrom
would create hardship to the applicant. It is submitted that
respondent No.2 has filed an affidavit in these proceedings
and has declared that the dispute between the applicant and
respondent No.2 is resolved due to intervention of trusted
persons of the society. It is further submitted that in view
of the fact that the dispute is resolved, the trial would be
futile and any further continuance of the proceedings would
amount to abuse of process of law. It is therefore submitted
that this Court may exercise its inherent powers conferred
under Section 482 of the Code and allow the application as
prayed for.

6. Learned Additional Public Prosecutor appearing for the State
has opposed the present application and submitted that
considering the seriousness of the offence, the complaint in
question may not be quashed and the present application
may be rejected.

7. Learned advocate for respondent No.2 has reiterated the
contentions raised by the learned advocate for the applicant.

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The learned advocate for respondent No.2 also relied upon
the affidavit filed by respondent No.2 – Bhavnaben W/o
Sravansing Bhimsing Rajput dated 01.08.2017. Respondent
No.2 is present in person before the Court and is identified
by learned advocate for respondent No.2. On inquiry made by
the Court, respondent No.2 has declared before this Court
that the dispute between the applicant and respondent No.2
is resolved since family members of both the side have
accepted the relationship of the applicant and the prosecutrix
and therefore, now the grievance stands redressed. It is
therefore submitted that the present application may be
allowed.

8. Affidavit filed by Bhavnaben W/o Sravansing Bhimsing Rajput
reads as under:

“Bhavnaben W/o Sravansing Bhimsing Rajput, Age – 45 years,
Occupation : Household, Female, Residing at House No. 61,
Bapa Shitaramnagar, Nr. Morarinagar, Sayajipark, Ajva
Road, Vadodara, do hereby solemnly affirmed and state on
oath as under :

1. I am the complainant of the FIR registered as C.R.No. I – 65
of 2017 with Bapod Police Station at Vadodara. I am filing
this affidavit in support to the present Criminal Misc.
Application for quashing and setting aside the C.R.No. 65 of
2017 against the present petitioner.

2. I say and submit that my daughter and present petitioner
are love each other since last one year. After registration of
the complaint, I have entered into compromise with the
petitioner. The petitioner family and my family are accept
relationship of both children and we are ready to marry
them. It is further submitted that, some misunderstanding
has been accrued between us due to present relationship
but now it has been settled and misunderstanding has been
resolved between us.

3. It is respectfully submitted that investigation is over and
charge sheet has been filed. It is further submitted that,
after filing of the complaint against the present petitioner, I
came to know that, dispute arising between me and present
petitioner due to some misunderstanding. It is further
submitted that between me and present petitioners are

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resolved the dispute and therefore kindly quashed FIR being
C.R.No. I – 65 of 2017 registered with Bapot Police Station
against the petitioner in the interest of justice.

4. I say and submit that the compromise has been accrued
between me and present petitioner and therefore, the
petitioner has approached this Hon’ble Court for quashing of
the said FIR on the ground of above stated facts and
circumstances therefore, kindly quashing and setting aside
the FIR.

5. I reiterate that the stand of mine is consistent as on today. I
have decided not to proceed with the matter and to have
harmonious and friendly relationship with the present
petitioner and their family members. I would not prefer to
step in to witness box and to give evidence against the
present petitioner, neither I wish that the precious time of
the Hon’ble Court be wasted in a matter which has already
been compromised and therefore, the impugned FIR may
kindly be quashed on the ground of settlement arrived at
between us.

6. I say and submit that the FIR was filed in a heat of moment
due to tense and pressure of others and other circumstances
prevailing at the relevant point of time, but now everything
has been settled down between me and present petitioner. I
say that I have no objection if this Criminal Misc. Application
is granted and the impugned FIR with further proceedings
are quashed against the petitioner.”

9. Having heard the learned advocates appearing for the
respective parties, considering the facts and circumstances
arising out of the present application as well as taking into
consideration the decisions rendered in the cases of Gian
Singh Vs. State of Punjab Anr., reported in (2012) 10
SCC 303, Madan Mohan Abbot Vs. State of Punjab,
reported in (2008) 4 SCC 582, Nikhil Merchant Vs.
Central Bureau of Investigation Anr., reported in 2009
(1) GLH 31, Manoj Sharma Vs. State Ors., reported in
2009 (1) GLH 190 and Narinder Singh Ors. Vs. State
of Punjab Anr. reported in 2014 (2) Crime 67 (SC), it
appears that further continuation of criminal proceedings in
relation to the impugned FIR against the applicant would be
unnecessary harassment to the applicant. It appears that the

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trial would be futile and further continuance of the
proceedings pursuant to the impugned FIR would amount to
abuse of process of law and hence, to secure the ends of
justice, the impugned FIR is required to be quashed and set
aside in exercise of powers conferred under Section 482 of
the Code.

9. Resultantly, this application is allowed and the impugned FIR
bearing C.R.No.I-65 of 2017 registered with Bapod
Police Station, Vadodara City filed against the present
applicant is hereby quashed and set aside. Consequently, all
other proceedings arising out of the aforesaid FIR are also
quashed and set aside qua the applicant.

10. Since the FIR itself is quashed by this Court today, the
applicant, who is in judicial custody, shall be released
forthwith.

11. Rule is made absolute. Direct service is permitted today.

(A.J.DESAI, J.)
*Kazi…

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