Maheshbhai S/o Kashiram Polabhai Bharwad v. State of Gujarat
2017-09-01
A.J.DESAI
body2017
DigiLaw.ai
ORDER : A.J. DESAI, J. 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 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.
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. 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, 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 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.
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 v. State of Punjab, reported in (2012) 10 SCC 303 , Madan Mohan Abbot v. State of Punjab, reported in (2008) 4 SCC 582 , Nikhil Merchant v. Central Bureau of Investigation, reported in 2009 (1) GLH 31 , Manoj Sharma v. State, reported in 2009 (1) GLH 190 and Narinder Singh v. State of Punjab reported in 2014 (2) Crimes 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 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. 10. 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. 11. Since the FIR itself is quashed by this Court today, the applicant, who is in judicial custody, shall be released forthwith. 12. Rule is made absolute. Direct service is permitted today.