R/CR.MA/16604/2021 ORDER DATED: 29/02/2024
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 16604 of 2021
With
R/CRIMINAL MISC.APPLICATION NO. 12235 of 2021
With
R/CRIMINAL MISC.APPLICATION NO. 12205 of 2021
With
R/CRIMINAL MISC.APPLICATION NO. 11090 of 2021
With
R/CRIMINAL MISC.APPLICATION NO. 12538 of 2021
With
R/CRIMINAL MISC.APPLICATION NO. 14311 of 2021
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HEMALBHAI @ HEMANTBHAI PARSOTTAMBHAI JOTANGIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
for the Applicant(s) No. 1
MS RIDDHI R GONDALIYA(13954) for the Applicant(s) No. 1
M S PADALIYA(7406) for the Respondent(s) No. 2
MS JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 29/02/2024
ORAL ORDER
1. This batch of petitions under Section 482 of the Criminal
Procedure Code are filed for quash of common FIR registered
against the applicants being C.R.No.I-11213006210302 of
2021 registered with Bhayavadar Police Station, Rajkot Rural,
for the offences punishable under Section 498-A, 354-A, 323,
504, 506 (2) and 114 of the Indian Penal Code.
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R/CR.MA/16604/2021 ORDER DATED: 29/02/2024
2. As all the applicants are accused in the above crime and
as they are seeking quash of the common FIR, these
applications are heard together and they are being disposed of
by this common order.
3. When the are came up for hearing, both the learned
counsel for the petitioners and learned counsel for the second
respondent-defacto complainant submit that the parties have
entered into compromise and they have amicably settled the
dispute between them and that the marriage between accused
no.1 and the defacto complainant was dissolved by way of
decree of divorce passed by the competent Court of law and
that they have decided to compound the above offences.
Learned counsel for the second respondent-defacto
complainant has also filed the affidavit of the defacto
complainant in all these applications, wherein she has stated
that she has already obtained a decree of divorce by mutual
consent from the Family Court, Ahmedabad, against accused
no.1 in Family Suit No.663 of 2023 on 14.8.2023 and that in
view of said settlement of dispute between her and the
accused that she has no objection for quash of the aforesaid
FIR registered against the applicants on her report.
4. The defacto complainant is also physically present before
the Court today. When questioned, she unequivocally stated
that in view of the decree of divorce that was obtained by her
by mutual consent against her husband, who is accused no.1,
and as the disputes are now amicably settled between them
that she has no objection to quash the FIR that was registered
against the applicants on her report. She has also stated that
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R/CR.MA/16604/2021 ORDER DATED: 29/02/2024
she has voluntarily, out of her free will and volition, has
entered into said compromise and there is no compulsion on
her in arriving at the settlement.
5. Although the aforesaid offences are non-compoundable
offences, as per the dictum laid down by a three Judge Bench
of the Apex Court in the case Gian Singh Vs. State of
Punjab & Another, reported in (2012) 10 SCC 303, in
appropriate cases, this Court in exercise of its inherent powers
under Section 482 of the Criminal Procedure Code, permit the
parties to compound the offence even in non-compoundable
offences, when there is no impact on the society. Even though
some cases are enlisted in the said judgment where
permission to compound the same cannot be granted, present
case is not falling within the said exempted cases. So, the
petitioners and the defacto complainant are entitled for
permission to compound aforesaid offences.
6. Therefore, permission to compound the aforesaid
offences is accorded, as sought for. The compromise is
recorded.
7. Resultantly, all these applications are allowed and the
aforesaid FIR being C.R.No.I-11213006210302 of 2021
registered with Bhayavadar Police Station, Rajkot Rural,
against the petitioners is hereby quashed, in view of the
compromise.
(CHEEKATI MANAVENDRANATH ROY, J)
R.S. MALEK
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