VINODBHAI JIVABHAI AMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED advocate for the petitioners as well as the advocate for the original complainant -respondent no.3 herein have jointly submitted that the dispute was in subject of parcel of land, which was also subject matter of civil suits where from the matter had been taken to this Court and First Appeal No. 5247 of 2008 had been filed, which came to be disposed of in terms of the compromise arrived at between the parties, copy of which is taken on record. Therefore, Shri Patel, learned advocate for the complainant under the instruction of complainant submitted that the complainant shall have no objection if the complaint in question is quashed. Otherwise also, under misconception the complaint was filed, though the matter is of civil nature. In case the complaint is quashed the Court may observe that the petitioners accused and or the complainant respondent shall not take any action against each other.

(2.) THIS Court heard learned advocate for the parties and perused memo of the complaint produced at page-16 in the compilation. The narration of the events mentioned in the complaint which is said to have been filed on 17/10/2007 for the incident alleged to have occurred on 31/3/2003 indicate that the parties were in fact having dispute in respect of the parcel of land and therefore when the parties have amicably settled their dispute no fruitful purpose would be served in permitting the complaint to take to its logical end as per the provision of Criminal Procedure Code. The peace which was otherwise been prevailing between the parties would be jeopardized and the settlement settling the dispute also have adverse impact. The offences alleged are though not capable of being compounded in strict provision of Section 320 of Cri. Procedure Code, the Court is of the view that the action alleged which is termed to be an offence is not as such offending the society at large. The provision of Section 482 contemplates exercise of discretion for rendering substantive justice. The requirement of substantive justice persuade this Court for quashing the same in view of the settlement between the parties. Hence the matter is allowed. The complaint being C.R. No. I- 56 of 2007 registered with DCB Police Station, Vadodara, and the proceedings taken there under are quashed. Rule made absolute.