Sureshbhai Dhirubhai Kakadiya vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Mr.Bhaumik Dholariya appearing on behalf of the applicants and learned APP Ms.Mehta for the respondent State.

Issue Rule returnable forthwith in Criminal Misc. Application No.16051 of 2020. Learned APP Ms.Mehta waives service of Rule for the respondent State.

By way of this application, the applicants pray for quashing of the FIR being C.R. No.I-11210008201613/2020 dated 10.10.2020 registered with Sarthana Police Station, District Surat City for the offences punishable under Sections 379 and 114 of IPC and Section 21(1) of the Mines and Mineral (Regulation and Development) Act, 1957 and Rule 21 of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 in both the applications.

Learned Advocate Mr.Dholariya for the applicants at the outset would draw the attention of this Court to a show-cause notice issued by the Geologist and Mines Department, Surat dated 18.1.2020 to the accused No.1 – applicant No.1 of Criminal Misc. Application No.16051 of 2020 in his capacity as the Deputy General Manager of M/s.Varachha Cooperative Bank Limited. Learned Advocate would submit that the said show-cause notice inter alia called upon the applicants to submit as to whether they were ready for compounding the complaint with regard to illegal mining and whereas if the applicants were so interested, then an amount of Rs.20,38,373/- plus Rs.7,59,757/- was directed to be deposited. Learned Advocate Mr.Dholariya would submit that while the present applicants had initiated proceedings with the concerned office of the Geologist and Mines Department, the Department had filed the impugned FIR inter alia alleging that the applicants by not paying the amount in question have committed offence as enumerated above. Learned Advocate Mr.Dholariya would submit that subsequent to filing of the FIR, the applicants have deposited the entire amount of approximately Rs.27,98,130/- and whereas a communication confirming the same has been issued by the Geologist, Surat and the Police Commissioner, Surat on 20th October, 2020, and therefore, no fruitful purpose would be served in proceeding ahead with the FIR and whereas it is submitted that this Court may quash the impugned FIR.

Learned APP Ms.Mehta appearing on behalf of the respondent State would submit that while at the relevant point of time, the applicants had not shown their inclination to have the offences compounded, in view of the subsequent development and the applicants having deposited the entire amount, this Court may, after making suitable observations in favour of the respondent Geologist and Mining Department, quash the impugned FIR.

Having regard to the submissions made by the learned Advocates for the parties, this Court is of the considered opinion that before the FIR had been filed upon issuance of the show-cause notice dated 18.1.2020, if the applicants had deposited the entire amount with the Geologist and Mining Department, the impugned FIR itself would not have been filed, more particularly upon payment of the amount, the alleged offence would have been compounded by the Department itself. It further appears that the applicants are otherwise not involved directly in the business of mining and whereas the applicants No.1 and 2 were officers of the Bank in question and the recovery of the sand in question was connected with a building being constructed by respondent No.3 on behalf of the Bank.

Having regard to the same, more particularly considering the fact that the applicants having deposited the entire amount with the Geologist and Mining Department, Surat, in the considered opinion of this Court, no fruitful purpose would be served if the impugned FIR is permitted to be proceeded further.

Having regard to the submissions made by the learned Advocates for the parties, and having regard to the fact that the applicants have already deposited the entire amount, in the considered opinion of this Court, permitting the impugned FIR and all subsequent proceedings arising therefrom to continue any further against the present applicants would be an exercise in futility. This Court relies upon the observations of the Hon’ble Supreme Court 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 582, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) to arrive at the above conclusion.

Having regard to the same, the impugned FIR being C.R. No.I-11210008201613/2020 dated 10.10.2020 registered with Sarthana Police Station, District Surat City and further proceedings arising therefrom are quashed and set aside qua the present applicants. It is clarified that the amount deposited with the Geologist and Mining Department, Surat being in lieu of compounding all the offences in question, the applicants have no right, title or interest to claim the amount in question herein after.

The present applications are allowed accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.