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Judgment
A.J.Desai, J
By way of Criminal Misc. Application No.10276/2020 under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as â€the
Codeâ€), the applicants have prayed for quashing and setting aside F.I.R. bearing C.R. No.11193008200690 of 2020 registered with Babra Police
Station, District Amreli for the offences punishable under Sections 393, 323, 504 and 114 of the Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s),
3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act alongwith all all other consequential proceedings arising out of
the aforesaid FIR qua the applicants.
By way of Criminal Misc. Application No.10276/2020 under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as â€the
Codeâ€), the applicants have prayed for quashing and setting aside F.I.R. bearing C.R. No.11193008200691 of 2020 registered with Babra Police
Station, District Amreli for the offences punishable under Sections 392, 354, 354A(1) of the Indian Penal Code, 1860 and Sections 12, 17 and 18 of the
Protection of Children from Sexual Offences Act alongwith all all other consequential proceedings arising out of the aforesaid FIR qua the applicants.
Learned advocates for the applicants have taken this Court through the factual matrix arising out of the present applications. At the outset, it is
submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIRs
as well as any further proceedings arising therefrom would create hardship to the applicants. It is submitted that the original complainants of cross
FIRs have filed affidavits in these proceedings and have declared that the dispute between the respective applicants and original complainants is
resolved amicably. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of
the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its inherent powers conferred under
Section 482 of the Code and allow the application as prayed for.
Learned advocates Mr. Kashyap R. Jani with Mr. Dharmesh have identified the original complainant Mr. Vikrambhai Govindbhai Solanki (Original
complainant of FIR being CR No.11193008200690 of 2020 registered with Babra Police Station, District Amreli), who is present through video
conference and who states that he has no objection if the FIR lodged by him is quashed and set aside.
Learned advocates Mr. Dhruvin Bhuptani with Mr. Nilesh Vachhani have identified the original complainant Rekhaben W/o. Atulbhai Sanepara
(Original complainant of FIR being CR No.11193008200691 of 2020 registered with Babra Police Station, District Amreli), who is present through
video conference and who states that she has no objection if the FIR lodged by her is quashed and set aside.
Learned Additional Public Prosecutor appearing for the State has opposed the present applications and submitted that considering the seriousness of
the offence, the FIRs in question may not be quashed and the present applications may be rejected.
Having heard learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application
as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303,
Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 58,2 Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in
2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 19 0and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in
2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned cross FIRs against the applicants
would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the
impugned FIRs would amount to abuse of process of law and hence, to secure the ends of justice, the impugned cross FIRs are required to be
quashed and set aside in exercise of powers conferred under Section 482 of the Code.
Resultantly, both these applications are allowed and the FIR bearing C.R. No.11193008200690 of 2020 registered with Babra Police Station,
District Amreli (impugned in CR.MA No.10276/2020) as well as the impugned FIR being CR No.11193008200691 of 2020 registered with Babra
Police Station, District Amreli (impugned in CR.MA No.10262/2020) are hereby quashed and set aside qua the respective applicants. Consequently,
all other proceedings arising out of the aforesaid cross FIRs are also quashed and set aside qua the applicants. Rule is made absolute accordingly to
the aforesaid extent. Registry is directed to communicate this order to the concerned Police Station as well as concerned Trial Court by fax / email
message forthwith.