AI Structured Summary
Not yet generated for this judgment
Judgment
By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused No.24, seeks to invoke the inherent powers of this Court, and has prayed for the following reliefs;
"(a) To quash and set aside FIR being I-CR No.87 of 2003 registered with Bhadaran Police Station, Bhadaran, District: Anand at Annexure-A and charge-sheet at Annexure B and further proceedings initiated pursuant thereto including Criminal Case No.1282 of 2004 before the Judicial Magistrate First Class, Borsad and to pass all incidental and consequential orders as may be deemed fit and proper to this Hon''ble Court in the interest of the applicants.
(b) Pending admission, final hearing and disposal of this application, to stay further investigation and proceedings in connection with the FIR being I-CR No.87 of 2003 registered with Bhadaran Police Station, Bhadaran, District Anand at Annexure A and charge- sheet at Annexure-B and further proceedings initiated pursuant thereto including Criminal Case No.1282 of 2004 before the Judicial Magistrate First Class, Borsad.
(c ) To pass any other and further orders as may be deemed fit and proper to this Hon''ble Court in the interest of the applicants.
(d) To provide for the cost of this application."
It appears from the materials on record that two cross FIRs were registered at the Bhadaran Police Station. The first information report, which was registered at the instance of, or from the side of the applicant herein, was for the offence under section 307 and other offences, whereas the first information report, which was registered against the applicant herein and others, was for the offence punishable under sections 147, 148, 149, 435 and 337 of the Indian Penal Code and sections
25(1)A and 25(1)B of the Arms Act.
It appears that in both the cases, charge-sheets were filed, which culminated in three sessions cases viz. (i) Sessions Case No.192 of 2006 (ii) Sessions Case No.90 of 2006 and (iii) Sessions Case No.201 of 2006. It also appears that before the trial commenced, the applicant herein left for South Africa. In such circumstances, the trial had to be separated. In the meantime, all the three cases, referred to above, resulted in an acquittal of all the accused persons. The acquittal is of the year 2012. The record indicates that the State has not thought fit to file any acquittal appeal. In the meantime, the applicant has come back to India. He is now apprehending that he would be put to trial. In such circumstances, he is here before this Court.
The respondent No.2-original first informant is also present today before this Court. He is being represented by Mr. Ankit Pandya. It appears that they have settled the matter. The respondent No.2 has filed an affidavit, inter alia, stating as under, which is ordered to be taken on record.
"I, Asifali Kasamali Saiyad, Son of Shri Kasamali Saiyad aged about 42 years, by Muslim religion, the respondent No.2-original informant herein, residing at Village Pipli, Taluka Borsad, District: Anand do hereby solemnly affirm and state as under;
I say that I am the original informant of FIR being I- CR No.87 of 2003 registered with Bhadaran Police Station, Bhadaran, District: Anand under sections 147, 148, 149, 435 and 337 of the Indian Penal Code, 1860 and under section 25(1) of the Arms Act.
I say that we have arrived at settlement with the applicant and other accused and filed joint purshis before
the Hon''ble Sessions court, Anand in Sessions Case No.192 of 2006 and Sessions Case No.201 of 2006 and settled all the disputes amongst us with a view to prevail peace and harmony between two communities at our village. Since then ther is no dispute or quarrel between the two communities of our village and peace is prevailed. Neither of the parties have challenged the common judgment and order passed by the Hon''ble Sessions court, Anand dated 30.07.2012 passed in Sessions Case No.192 of 2006 and Sessions case No.201 of 2006. Therefore, I do not wish to further proceed with the FIR being I-CR No.87 of 2003 registered with Bhadaran, District Anand under sections 147, 148, 149, 435 and 337 of the Indian Penal code, 1860 and under section 25(1) of the Arms Act.
I say that I have no objection and I consent to quash and set aside being I-CR No.87 of 2003 registered with Bhadaran Police Station, Bhadaran, District Anand under sections 147, 148, 149, 435 and 337 of the Indian Penal Code, 1860 and under section 25(1) of the Arms Act alongwith charge sheet and Criminal Case No.1282 of 2004 pending before the Hon''ble court of Judicial Magistrate, First Class, Borsad for committal so far as the applicant and one another accused Mr. Alpeshkumar Kantibhai Patel. I say that any other proceedings initiated pursuant to the FIR at Annexure A are also to be quashed with my consent. I say that I consent and request this Hon''ble Court to allow the application filed by the applicants.
What is stated hereinabove is true and correct to the best of my knowledge, information and belief and I believe the same to be true and correct."
I am inclined to quash the proceedings against the applicant herein on three grounds; (i) all the sessions cases qua the other accused persons resulted in an acquittal; (ii) the State has not filed any acquittal appeal and (iii) even otherwise the matter has been settled.
At this point of time, now to put the applicant herein to
trial as one single accused will be the empty formality. In such circumstances, the relief in terms of para-17(a) is granted. The proceedings of the Criminal Case No.1282 of 2004 pending before the Judicial Magistrate, First Class, Borsad are hereby quashed. All consequential proceedings pursuant thereto stand terminated. Rule is made absolute to the aforesaid extent.
Direct service is permitted.