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CR.MA/13286/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13286 of 2008
With
CRIMINAL
MISC.APPLICATION No. 13288 of 2008
======================================
JASHBHAI
BHIKHABHAI PARMAR AND OTHERS
Versus
STATE
OF GUJARAT AND ANOTHER
======================================
Appearance
:
CRIMINAL MISC.APPLICATION
No. 13286 of 2008
MR
PRATIK B BAROT for Applicants.
MR IM PANDYA, APP for Respondent
No.1.
None for Respondent No.2.
CRIMINAL
MISC.APPLICATION No. 13288 of 2008
MR
HARDIK BHARHMBHAT for Applicants.
MR IM PANDYA, APP for Respondent
No.1.
None for Respondent
No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 15/10/2008
ORAL
ORDER
1. Both
these proceedings are among the same parties, who have filed cross
complaints and even before the FIRs lodged in respect of serious
offences could be fully investigated, they have rushed to this Court
for quashing the FIRs under Section 482 of the Criminal Procedure
Code. It was submitted by learned Counsel, Mr.Pratik Barot appearing
for the petitioners in Misc.Criminal Application No.13286 of 2008 and
by learned Counsel, Mr.Hardik Brahmabhatt appearing for the
petitioners in Misc.Criminal Application No.13288 of 2008, that the
parties have settled their disputes, which were originally of civil
nature, and the parties proposed to compound offences so as to end
the criminal proceedings. It was further jointly submitted that all
the alleged offences were compoundable, but in order to cut short the
proceedings and avoid investigation and filing of appropriate report
by the police, it was proposed and agreed that both the FIRs being
C.R.No.149 of 2008 and C.R. No.150 of 2008 registered with Chaklasi
Police Station of Kheda District may be requested to be quashed by
this Court. Learned APP has expressed no objection to adopting that
course of action.
2. It,
prima facie, appears from record that the parties have
resorted to high-handed method and police machinery is moved with the
aforesaid FIRs in aid of and to interfere with civil disputes in
respect of landed property in respect of which civil litigations were
also pending. Thereafter, they appear to have settled the civil
dispute and sought to withdraw the criminal complaints. Thus, in
short, extra-legal measures for settling a civil dispute and
extraordinary measures for cutting short the criminal cases, even
before being properly investigated by the police, are adopted in such
a manner that whole exercise initiated by the parties may amount to
abuse of the process of law and the Court. If the offences were not
committed at all, the police would have filed appropriate report of
investigation, and if the offences were compoundable, the trial Court
concerned could have been moved for compounding the offences.
Therefore, the extraordinary remedy of approaching this Court under
Section 482 of the Criminal Procedure Code or Articles 226 and 227 of
the Constitution, were not the only and appropriate remedy.
3. However,
in view of the consensus recorded herein above, and in order to cut
short the proceedings in the interest of justice, since the parties
have already approached this Court, the petitions are admitted and
allowed. Accordingly, Rule, of which service is waived by learned
Counsel appearing for the respondent in each of the petition, is made
absolute with the direction that FIRs being C.R.No.149 of 2008 and
C.R. No.150 of 2008 registered with Chaklasi Police Station of Kheda
District shall, by consent of the parties, stand quashed. The
petitioner in each of the petition shall pay total sum of Rs.2500/-
in each of the petition to the Legal Service Authority in the
peculiar facts and circumstances mentioned herein above. Direct
Service is permitted.
(D.H.Waghela,
J.)
*malek
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