JAYRAJSINH DIGVIJAYSINH RANA versus STATE OF GUJARAT AND ANR.

JAYRAJSINH DIGVIJAYSINH RANA versus STATE OF GUJARAT AND ANR.

Given the bona fide settlement between complainant and appellant, and appellant's withdrawal of claims and civil suit, continuance of prosecution would be an abuse of process; FIR qua appellant ordered to be quashed under Section 482 CrPC and Article 142 of the Constitution.

Source-derived case information.

Parties
Appellant: Jayrajsinh Digvijaysinh Rana; Respondent: State of Gujarat; Respondent No.2 / Complainant: Vipulbhai Harshadbhai Raja
Jurisdiction
India
Judgment Date
20 July 2012
Procedural Posture
Criminal Appeal / Appeal Against High Court Dismissal of Application to Quash FIR Under Section 482 Cr PC
Outcome
Appeal allowed
Legal Topics
Quashing of FIR, Inherent Powers Under Section 482 Cr PC, Compoundable Offences, Abuse of Process, Article 142
Criminal Law Constitutional Law Quashing of FIR Inherent Powers Under Section 482 Cr PC Compoundable Offences Abuse of Process Article 142

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Parties

Jayrajsinh Digvijaysinh Rana

Appellant

State of Gujarat

Respondent

Vipulbhai Harshadbhai Raja

Respondent No.2 / Complainant

Procedural Posture

Criminal Appeal / Appeal Against High Court Dismissal of Application to Quash FIR Under Section 482 Cr PC

Legal Issues

  1. 1 Whether FIR for non-compoundable offences under IPC can be quashed by High Court exercising power under Section 482 CrPC in view of settlement between complainant and accused
  2. 2 Whether continuance of prosecution constitutes abuse of process of law in circumstances of bona fide settlement

Ratio Decidendi

Given the bona fide settlement between complainant and appellant, and appellant's withdrawal of claims and civil suit, continuance of prosecution would be an abuse of process; FIR qua appellant ordered to be quashed under Section 482 CrPC and Article 142 of the Constitution.

Court Disposition

Appeal allowed

Orders

  • Impugned FIR No. 45/2011 registered with Sanand Police Station, Ahmedabad for offences under Sections 467, 468, 471, 420, and 120-B IPC quashed insofar as appellant is concerned.