Quashing of Criminal Proceedings in Family Dispute

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.03.2018 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application (Quashing)

Also Read: https://newslaw.in/case-type/civil/c-a-no-003481-003481-2022-2/

No 765 of 2012, by which the learned Single Judge of the High Court has dismissed the said writ petition and has refused to quash the criminal proceedings against the appellants herein arising out of FIR being I-C.R No.293/2007 before the Sarkhej Police Station, the original accused have preferred the present appeal.

1 As per the allegations in the FIR in question, appellant No.1 by forging the signature of the complainant included the name of appellant No.2 – grandson in the joint bank account of appellant No.1 and the complainant and thereafter appellant No.2 on the basis of the bank slips withdrew a total sum of Rs.

Shri Siddhartha Dave, learned Senior Advocate appearing on behalf of the complainant made submissions on merits and has submitted that when the learned trial Court as well as the revisional Court and thereafter the High Court have concurrently refused to discharge the accused, the same may not be interfered with by this Court.

Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/

Learned counsel appearing on behalf of the appellants has stated at the Bar that to have cordial relations between the appellants and the complainant, who is the mother of appellant No.1, the appellants have no objection if the said criminal proceedings are also quashed by this Court, in exercise of powers under Article 142 of the Constitution of India.

Considering the fact that the dispute is between the mother on the one side and the son and grandson on the other side, with the consent of learned counsel for the respective parties and even as agreed by the learned counsel appearing on behalf of the appellants, we deem it appropriate to quash the criminal proceedings against the original complainant arising out of FIR being I-C.R.

No 337/2007 with the Satellite Police Station are also ordered to be quashed and set aside so that there may be cordial relations again between the appellants and the complainant herein – mother, son and grandson.

Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/

The present appeal stands disposed of in the aforesaid terms.

Case Title: HEMANTBHAI BALVANTBHAI PATEL Vs. THE STATE OF GUJARAT (2023 INSC 288)

Case Number: Crl.A. No.-001420-001420 / 2018

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