Vijaybhai Dilipbhai Gondaliya ... vs State Of Gujarat &

1. RULE. The formal service of notice of Rule is waived by the learned counsel appearing for the respective respondents. The Rule is fixed forthwith on consent.

2. By way of present application preferred under section 482 of the Code of Criminal Procedure, 1973, the applicant­accused has sought for quashment of the first information report lodged by the respondent No.2 against the applicant being I­C.R. No.20 of 2016 registered with Vankaner Taluka Police Station for commission of offences punishable under sections 376(2) and 506(2) of the Indian Penal Code, 1860 and section 66A(a)(b) and 66E of the Information Technologies Page 1 of 7 HC-NIC Page 1 of 7 Created On Fri Jun 10 21:49:04 IST 2016 R/CR.MA/9729/2016 ORDER Act. It is urged that the parties have arrived at an amicable settlement. The respondent No.2 has filed her affidavit dated April 04, 2016 in the form of compromise deed before a notary, in support of the plea of quashment by stating therein that she has amicably settled the matter with the applicant and does not want to pursue the first information report in question. It is submitted that because of the intervention of the family members and relatives as also the community persons the settlement could be arrived at and, therefore, the grievances between the parties do not survive any more.

3. The learned counsel appearing for the respondent No.2 confirms the aspect of settlement by and between the parties.

He urges that he may be permitted to file his Vakalatnama on behalf of the respondent No.2 during the course of the day. Permission as prayed for is granted.

4. Ms.Shruti Pathak, learned Additional Public Prosecutor appearing for the respondent­State, had a personal talk with the respondent No.2­ original complainant and after talking to her, she was convinced that this is a case where settlement should be accepted.

5. Looking to the allegations levelled in the first Page 2 of 7 HC-NIC Page 2 of 7 Created On Fri Jun 10 21:49:04 IST 2016 R/CR.MA/9729/2016 ORDER information report and the social status of both the sides, the matter was conducted in camera, whereby this Court has found that the respondent No.2­original complainant is a mature lady, who was also given an audience extensively, whereby she has ingeminated and emphasised on permitting the compromise, which according to her is also desirable for the larger interest of herself, her family and her extended family.

It is the say of the applicant that the elders of all the three families i.e. complainant's parents, her in­laws and the parents of the applicant, had intervened and arrived at a compromise as this incident, according to the family and the papers of investigation, as the theory of consent is probablised from the details narrated therein. It is say of the learned counsel appearing for the applicant that in that view of the matter, it is a private dispute and the parties have arrived at an amicable settlement, especially when the respondent No.2 has chosen to put an end to the matter, no cause survives and, therefore, it would be desirable to quash the first information report.

6. Having considered the submissions made on behalf of both the sides and the material on record, the Court is conscious of the fact that this is an offence of grave nature which is alleged by the Page 3 of 7 HC-NIC Page 3 of 7 Created On Fri Jun 10 21:49:04 IST 2016 R/CR.MA/9729/2016 ORDER respondent No.2­original complainant in the first information report. Ordinarily, in a matter like this, it is neither desirable nor is it warranted to allow the parties to compromise. The Court is also conscious of the well laid down principles of the Apex Court on this aspect and yet by making an exception, the compromise is being permitted. The request for quashment of the first information report had come from the respondent No.2­original complainant herself to allow her to compromise and she has chosen to be represented by a lawyer, who had made a request to meet both the complainant and her husband. It was indicated by the complainant and her husband, both, as to how continuation of the prosecution may affect not only their personal life, but also their entire family. Theirs is a joint family and the applicant­accused is the brother of sister­in­law (Jethani) of the respondent No.2­original complainant. She has two grown up children and they have continued to reside together all along and also share joint family business.

7. It is pertinent to note that the Court has also ascertained that this compromise is not being arrived at for the sake of honour of the family and also it has been confirmed that the relationship of the spouses i.e. between the complainant and her husband, is very cordial in nature. It has been further ascertained that that this compromise is not one of the means to regale Page 4 of 7 HC-NIC Page 4 of 7 Created On Fri Jun 10 21:49:04 IST 2016 R/CR.MA/9729/2016 ORDER out the legal battle and to save the name of the family, but in fact, it is a genuine settlement with a view to ensure that the delicate issues of family do not become public or aggravate any further. The future safety of the respondent No.2­original complainant has also been further ensured by the husband of the respondent No.2 by filing an affidavit dated April 28, 2016 before this Court, which has also been produced on record.

8. It is required to be noted that even the respondent No.2­original complainant has filed a notarised affidavit dated April 04, 2016, which is placed record at Annexure­B, whereby she has categorically stated that she has on account of her estranged relationship with her sister­in­law (Jethani) had in a feat of anger lodged the first information report and now she does not want to continue with the same and has prayed for quashment of the same.

In that view of the matter, the request of the applicant is exceptionally being acceded to. It is also noted that the applicant is going to claim neither his mobile nor his computer or any of his gadgets which had contained his photographs and that of the complainant. He has also agreed to file his undertaking before the police authorities to that effect within a period of three days from the date of his release.

This appears to be the case where for the just cause and for doing the complete justice, inherent powers under section 482 of the Code of Criminal Procedure, 1973, need to be exercised.

9. For the foregoing reasons, the present application succeeds and the same is, accordingly, allowed in view of an amicable settlement arrived at by and between the parties. The first information report being I­C.R.No.20 of 2016 registered with Vankaner Taluka Police Station and all the proceedings emanating therefrom, are quashed and set aside. Rule is made absolute accordingly.

As agreed to by the applicant, he shall not be visiting the matrimonial house of the respondent No.2­original complainant and shall not in any manner attempt to contact the respondent No.2­original complainant.

It is also being directed to the Investigating Agency that all the objectionable material as well as the photographs recovered from such gadgets shall be destroyed forthwith and such gadgets shall be confiscated by the police.

It is hereby clarified that this order shall not be treated as precedent as this compromise is being permitted in the wake of Page 6 of 7 HC-NIC Page 6 of 7 Created On Fri Jun 10 21:49:04 IST 2016 R/CR.MA/9729/2016 ORDER peculiar circumstances, which have been narrated hereinabove.

Direct Service is permitted.

(MS SONIA GOKANI, J.) Aakar Page 7 of 7 HC-NIC Page 7 of 7 Created On Fri Jun 10 21:49:04 IST 2016