HIRENBHAI KANUBHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Ronak Raval, learned Additional Public Prosecutor waives service of rule on behalf of respondent no. 1 - State and Mr. Yash Dave, learned advocate waives service of rule on behalf of respondent no. 2. With the consent of the parties the matter is taken up for final hearing today itself.

(2.) This application is filed under Section 482 of the Code of Criminal Procedure for the purpose of seeking quashment of FIR and subsequent proceedings thereto in connection with the complaint being FIR No. 11215021200393 registered with Petlad Town Police Station for the offences punishable under Sections 354-A(1)(ii) , 354-D and 504 of the Indian Penal Code.

(3.) Mr. Vishal Anandjiwala, learned advocate for the applicant has contended that though the applicant was an innocent person, wrongly been arraigned in prosecution. However, be that as it may, now genuinely, the settlement is arrived at between the complainant and the present applicant and to that effect, a specific affidavit has also been filed by Naynaben - wife of Bharatbhai Parmar, reflecting on Annexure-B and hence now, since the grievance is already settled between the parties, there is no point in wasting the public time. Learned advocate for the applicant has relied upon several decisions delivered by this Court as well as the Apex Court and has pointed out that in non-cognizable offence, time and again, a proposition is laid down that whenever genuineness of settlement is found and if the grievance is satisfied, even non-compoundable offence can also be quashed by consent in exercise of powers under Section 482 of the Code of Criminal Procedure. Two decisions have been attached to the application by way of additional grounds and further order at annexure-C and by referring to and pointing out the aforesaid proposition of law, a request is made that since on account of misunderstanding and misconception, the complaint is filed, the same after realization, is now settled in true sense. Hence, request is made to grant the relief as prayed for in the application.