In a significant legal development, the Supreme Court of India issued a judgment on the matter of quashing FIR C.R. No. 11196030230827 of 2023. The case stemmed from a settlement between the parties involved, ultimately leading to the resolution. This ruling underscores the importance of amicable resolutions in legal disputes. Stay tuned for more insights into this landmark decision!
Arguments
- Learned advocate Mr. H.K. Raol seeks permission to file his Vakalatnama on behalf of the original complainant.
- The dispute between the parties has been resolved amicably.
- The original complainant has no objection to quash and set aside the present proceedings.
- The applicant has applied under Section 482 of the Code of Criminal Procedure to quash the complaint.
- The original complainant has filed an Affidavit stating the dispute has been resolved amicably.
- The complaint being FIR C.R. No. 11196030230827 of 2023 is sought to be quashed and set aside.
Analysis
- The parties initially settled the matter amicably with the complainant filing an affidavit on record.
- The accused failed to fulfill payment promises despite multiple assurances.
- The accused returned 68 phones worth Rs. 14,96,000/- and promised to pay the remaining Rs. 50,66,500/-.
- Despite several requests, the accused did not pay for the remaining phones, leading to the current complaint.
- The complainant dispatched 150 phones on 19.04.2023 worth Rs. 31,85,000/-, and later fulfilled the accused’s request for 158 Mi phones valued at Rs. 33,77,500/- on 22.04.2023.
- The High Court, being the highest court of a State, should generally refrain from giving a prima facie decision when the facts are incomplete and hazy.
- If evidence has not been collected or presented before the Court, and the issues involved are complex and significant, the Court should exercise caution in making a decision.
- In the case mentioned, the complaint leading to the FIR was filed nearly three years after the last date fixed for registration of the sale deed, which could indicate an abuse of the Court’s process.
- Reference is made to a Supreme Court decision outlining conditions under which proceedings should be quashed, such as absurd or inherently improbable allegations, legal bars, mala fide intentions, or malicious motives.
- Considering the circumstances, it is deemed necessary to use the power under Section 482 of the Code of Criminal Procedure to quash the FIR and all related proceedings.
- Citing specific Supreme Court judgments, it is emphasized that making out a case under Section 420 of the IPC requires a dishonest inducement to deceive, and further continuation of the criminal proceedings would lead to unnecessary harassment.
- Settlements between parties may render trial continuance futile, as per the Apex Court’s precedents, and criminal courts are not to be used for settling civil disputes but for addressing criminal offenses.
- The inherent power of the court should not be misused to stifle legitimate prosecutions, but rather to ensure justice is served.
Decision
- The impugned complaint and all consequential proceedings related to C.R. No.11196030230827 of 2023 registered with Sayajiganj Police Station, Vadodara, are quashed and set aside for the applicant/s.
- The application has been allowed, and the rule is made absolute.
- If the applicant/s are in jail, the jail authority is directed to release them immediately unless required for any other case.
Case Title: VISHAL MAHAJAN S/O PRAMODH KUMAR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7494/2024
