In a recent judgement by the Gujarat High Court, a settlement was reached in the case related to FIR CR No.11207028220177 of 2022 registered with Halol Town Police Station. The parties involved have amicably resolved their dispute, leading to the quashing of the FIR and related proceedings. This decision eliminates the need for further trial, ensuring a fair and just resolution. Read on to understand the significance of this High Court decision!
Arguments
- Learned advocate Mr. Dipak D. Prajapati appearing on behalf of the original complainant with instructions
- Permission granted to file Vakalatnama
Analysis
- The High Court should refrain from giving a prima facie decision when facts are incomplete and hazy.
- Evidence has not been collected and issues involved are of magnitude.
- The Court’s decision must be based on sound principles.
- Inherent power should not be used to stifle a legitimate prosecution.
- The power conferred under Section 482 of CrPC needs to be carefully considered.
- The complaint seems to be an abuse of process of law to execute a court order.
- There are separate mechanisms available for the execution of court orders.
- Settlement between the parties occurred during the investigation.
- The High Court considered the facts and circumstances of the case
- The High Court referred to principles laid down by the Supreme Court in various cases
- Settlement was arrived at between the parties during the investigation
- Complainant filed an affidavit affirming the settlement
- The dispute is amicably settled eliminating chances of breach of public tranquility
- Further continuation of criminal proceedings would cause unnecessary harassment to the petitioner
- Continuance of trial is deemed futile due to mutual settlement between the parties
- Parties have arrived at a mutual settlement, making further trial unnecessary
- The decision to not continue with the trial is based on the agreement reached by the parties
Decision
- Petitioner to be released from jail immediately if not needed for any other case
- Impugned FIR and all consequential proceedings are quashed and set aside
- The FIR CR No.11207028220177 of 2022 registered with Halol Town Police Station is specifically quashed
- Direct service allowed
- Rule made absolute only to the extent of quashing the FIR and related proceedings
Case Title: SAJIDBHAI ILIYASBHAI MEMAN Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8717/2024
