Upon the joint request made by the learned advocates for the parties, the matter is taken up for final disposal.
2. This petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by the petitioners with a prayer to quash and set aside the FIR being I-CR No.10 of 2012 registered with `B' Division Police Station, Dist. Bharuch for the offences punishable under sections 365, 368, 364(a) and 114 of the IPC as well as further proceedings pursuant to the impugned FIR.
3. At the outset, learned advocates for the private parties submit that since both the petitioners and the complainant belong to same community, with the intervention of the elderly persons, the parties have decided to settle the dispute and complainant has no objection if the impugned complaint is quashed and set aside. The complainant and his son have filed notarized affidavit dated 13.03.2012, which are ordered to be taken on record. The complainant, who is present in court, has also reiterated what is stated in the affidavit dated 13.03.2012. Paras 2 to 4 of the affidavit, reads as under:
"[2] I state that after filing of the aforesaid F.I.R., an amicable settlement is arrived at between the parties of the aforesaid FI.IR.. I state that now we have no grievance against each other.
[3] I state that now I have no grievance with regard to the aforesaid F.I.R. And the settlement is arrived due to intervention of certain elderly members of our community and we have arrived at a amicable settlement with the accused and I have no grievance against the accused and the misunderstanding between us is now removed and I do not wish to continue with the aforesaid F.I.R. With a view to maintain peaceful relation with the accused. I further state that no harm is caused to me by the accused persons and I have not suffered any monetary loss.
[4] I state that the present compromise is arrived at without any coercion, force or undue influence"
4. In view of the above, it is jointly submitted that subjecting the petitioners to the rigour of trial would result into undue hardship and considering the nature of allegations and dispute it is desirable that impugned complaint and other proceedings pursuant to the said complaint be quashed and set aside. Learned advocate for the petitioners have relied on the decision of the Apex Court in the cases of; [I] Nikhil Merchant v. Central Bureau of Investigation and another, [2008]9 SCC 677 and [ii] Madan Mohan Abbot v. State of Punjab, [2008]4 SCC 582.
5. Heard learned advocates for the private parties and learned APP for the respondent - State of Gujarat and perused the record of the case.
6. In the case of Nikhil Merchant v. Central Bureau of Investigation and another, [2008]9 SCC 677, the Apex Court has held that when a compromise has been arrived at between the parties, by which the parties have withdrawn all claims and allegations against each other, technicality should not be allowed to stand in the way in quashing the criminal proceedings since the same would be a futile exercise. IN the facts of the said case also, the offences alleged were similar in nature.
7. In the case of Madan Mohan Abbot v. State of Punjab, [2008]4 SCC 582, the Apex Court has made the following observations:
[6] We need to emphasis that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and benefit of the technicalities of the law".
8. Considering the facts that the dispute is now amicably settled between the parties; the complainant has filed affidavit stating that he has no objection if the impugned complaint is quashed; and considering the law laid down by the Apex Court in the cases of [i] Nikhil Merchant [supra] and [ii] Madan Mohan Abbot [supra], I am inclined to exercise powers under section 482 of the Code of Criminal Procedure, 1973 in favour of the petitioners. Accordingly, the impugned complaint and proceedings pursuant thereto are hereby quashed and set aside.
The petition is allowed to the aforesaid extent only with costs.
9. Since the police has made efforts to investigate the crime and devoted their valuable time, I am inclined to impose costs of Rs.12,500/- upon the petitioners and Rs.12,500/- upon complainant. The costs shall be paid to the Gujarat Police Welfare Fund within a period of one week from today.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top