Raju @ Rajesh Ramnikbhai Patel v. State of Gujarat
2013-08-01
S.R.BRAHMBHATT
body2013
DigiLaw.ai
Judgment S.R. Brahmbhatt, J.—Heard learned advocates for the parties. Rule. Ms. Archana C. Raval, learned APP and Mr. Chirag Parekh, learned advocate for respondent State and original complainant respectively waives service of notice of rule. Rule is fixed forthwith with the consent of learned advocates for the parties. 2. The petitioner has taken out this petition invoking provision of Section 482 Criminal Procedure Code for quashing the complaint being C.R. No. I-351/2012 lodged with Ramol Police Station, District Ahmedabad, for the offences punishable under Sections 363 & 366 of Indian Penal Code and prayed for quashment of the complaint and further proceeding arising there from. 3. The matter is compromised and settled between the parties. Learned Counsel for the complainant has placed on record settlement affidavit of complainant-Respondent No. 2 in compilation of this petition. In view of this, learned counsels for the parties have requested this Court to dispose of the matter and the complaint may be quashed. 4. Learned advocates for the parties have submitted that the complaint was filed on account of his daughter being enticed with petitioner. With the advice and interference of elders of the society and family members, the parties have settled their dispute and now his daughter and the petitioner are residing happily as husband & wife. The parties i.e. petitioner in this petition and Divya, daughter of complainant-respondent No. 2, have now married and their marriage certificate is produced on record at Annexure-B. Learned advocate for Respondent No. 2 also produced on record affidavit sworn by the complainant, wherein it is clearly stated that the dispute between the parties has been amicably settled and compromise has been arrived at between them. Since his daughter is married to petitioner and they are living happily, with the advice and interference of elders in the society he has decided to withdraw the complaint and hence, if the complaint is quashed, then he has no objection. The Respondent No. 2 has agreed to withdraw the impugned complaint and has agreed to give consent for quashing of impugned F.I.R and subsequent proceedings arising therefrom. Hence quashment of the same is sought by way of this petition. 5. The complainant is present in the Court and he has been identified as such by learned advocate Mr. Chirag Parekh. The Court also requested learned APP Mr.
Hence quashment of the same is sought by way of this petition. 5. The complainant is present in the Court and he has been identified as such by learned advocate Mr. Chirag Parekh. The Court also requested learned APP Mr. Archana C. Raval to inquire with Divya, daughter of the complainant and wife of petitioner with regard to their marriage, and also to complainant Respondent No. 2, both are personally present in the Court, to which both have stated that marriage of Divya was solemnized and the dispute is now settlement between the parties, therefore Respondent No. 2 has no grievance or objection if the complaint is quashed. Learned APP submits that the complainant – Respondent No. 2 is ready & willing for the quashment of the complaint. When the Court also inquired with Respondent No. 2, he has emphatically submitted that it is his own volition and decision to settle the matter and there is no compulsion from any one. 6. Learned counsel for the petitioner has relied upon the decision of the Apex Court in case of Jitendra Raghuvanshi and Others, vs. Babita Raghuvanshi and Another, reported in (2013) 4 SCC pg. 58, wherein it is observed by the Apex Court that to lead peaceful life and to meet the ends of justice in a dispute arising out of matrimonial discord it is the duty of the Courts to encourage genuine settlements of matrimonial disputes even though the offences are non-compoundable; and another decision in case B.S. Joshi and Others vs. State of Haryana and Another, reported in (2003) 4 SCC 675 , wherein the Apex Court has observed that it is the duty of the Courts to encourage genuine settlements of matrimonial disputes. Learned advocate also relied upon another decision of the Apex Court in case of Gian Singh vs. State of Punjab and another, reported in (2012) 10 SCC 303 , and another decision in case of Jay Rajsinh Digvijaysinh Rana vs. State of Gujarat & Anr., reported in GLR 2013 (1) pg. 65, as well as the observations of this Court in case of Rajbha Babhbha @ Rajendrasinh Annirudhsinh Sarvaiya & Ors., in Criminal Misc. Application No. 260/2013, decided on 21/2/2013; and submitted that in light of the observations in these judgments the FIR in question deserves to be quashed. 7.
65, as well as the observations of this Court in case of Rajbha Babhbha @ Rajendrasinh Annirudhsinh Sarvaiya & Ors., in Criminal Misc. Application No. 260/2013, decided on 21/2/2013; and submitted that in light of the observations in these judgments the FIR in question deserves to be quashed. 7. This Court is of the considered view that looking to the averments in FIR and affidavit of settlement if are considered in light of the above observations of the Apex Court, then, there exists no scope of any further proceedings in the matter, as it would amount to creating consternation to the parties for no reason and in light of this development conviction is not even remotely plausible. 8. Further, in light of the above observations when the offence is predominantly in arena of private dispute and when the settlement between the parties have arrived at and there is no harm to person and property, continuation of the proceedings would create consternation and would be counter productive of justice. The Court shall strive to perpetuate a situation where peace is prevailed rather than creating consternation of feuds between the parties. 9. In view of this, as the nature of complaint being that of matrimonial the FIR being C.R. No: I-351/2012 registered with Ramol Police Station, District Ahmedabad and further proceedings arising therefrom are hereby quashed. Rule is made absolute. Direct service permitted.