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.5/2012 registered with Agthala Police Station for the offences punishable under Sections 143, 504, 506[2] and 114 of the IPC and section 135 of the Gujarat Panchayat Act.
3. At the outset, learned advocates for the private parties submit that since the dispute has arisen during the panchayat elections and both the parties belong to the same clan and family, with a view to maintain peace and harmony in the village, and with the intervention of the elders of the family, the dispute between the parties is amicably settled. It is further submitted that the complainant has filed affidavit dated 2nd May, 2012, wherein the complainant has stated in paragraphs 2, 3 and 4 as under:
"[2] I say that due to misunderstanding and misconception at the relevant point of time, the deponent had filed the F.I.R. I say that the petitioners and the deponent-orig. Complainant are residing in the same village and now the amicable settlement is arrived at due to intervention of some leading persons from the village. I say that the deponent has now no further dispute with the petitioners.
[3] I therefore the respondent No.2 - original complainant states on oath that I have no objection if the above mentioned F.I.R being I-C.R. No.5/2012 registered with Agthala Police Station is quashed and set aside qua all the accused.
[4] The deponent craves leave to file additional / counter affidavit and/or any documents if need so arise"
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 has 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 arising out of the panchayat elections; both the parties belong to the same clan and family; the dispute between the parties is amicably settled to maintain peace and harmony in the village; 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.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top