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CR.MA/3363/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3363 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
==========================================
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 ?
==========================================
MANGALSINH
CHHATRASINH RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
==========================================
Appearance :
MR
SP MAJMUDAR for Applicant(s) : 1,
MR PP MAJMUDAR
for Applicant(s) : 1,
MR RC KODEKAR, APP for Respondent(s) : 1,
MR
HARSHADRAY A DAVE for Respondent(s) : 2,
MR HARDIK A DAVE for
Respondent(s) : 2,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/09/2008
ORAL
JUDGMENT
RULE.
Shri R.C. Kodekar, learned Additional Public Prosecutor waives
service of notice of rule on behalf of respondent no.1 and Shri
Hardik Dave, learned advocate waives service of notice of rule on
behalf of respondent no. 2.
With
the consent of the learned advocates appearing for the respective
parties, the application is taken up for final hearing today.
By
way of this application under Section 482 of the Code of Criminal
Procedure, the applicant-original accused no. 7 has prayed for an
appropriate order to quash and set aside Crime Register No.
I-121/2008 registered at J.P. Road Police Station, Vadodara filed for
the offences punishable under Sections 420, 406 and 114 of the
Indian Penal Code.
Shri
Majmudar, learned advocate appearing on behalf of the
applicant-original accused no. 7 has submitted that as such the civil
dispute has been converted into criminal complaint and in fact for
the very transaction, the civil proceedings were pending. It is
further submitted that continuing with the criminal proceedings
against the applicant would be abuse of process of law. Shri
Majmudar, learned advocate appearing on behalf of the applicant, Shri
R.C. Kodekar, learned APP appearing on behalf of respondent no. 1
and Shri Hardik Dave, learned advocate appearing on behalf of
respondent no. 2 have jointly submitted that even otherwise the
parties have settled the dispute amicably and the civil proceedings
have been disposed of.
In
the facts and circumstances of the case and considering the averments
and the allegations in the impugned complaint, prima facie it appears
that the civil dispute has been converted into criminal proceedings.
Under the circumstances, to continue with the proceedings against the
applicant, would be abuse of process of law. Under the peculiar
facts and circumstances of the case, prima facie it cannot be said
that the applicant has committed any offence as alleged under
Sections 420, 406 and 114 of the Indian Penal Code and, therefore,
the impugned complaint requires to be quashed and set aside.
For
the reasons stated hereinabove, the application succeeds. The
impugned complaint, being Crime Register No. I-121/2008 registered at
J.P. Road Police Station, Vadodara, is hereby quashed and set aside
so far as the applicant is concerned. Rule is made absolute
accordingly.
(M.R.
SHAH, J.)
siji
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