IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : GANDHINAGAR

CRIMINAL MISC. APPLICATION NO. OF 2023

Alok Jagdishchandra Bhatia

Male, Aged 50 years,
Residing at:- Single officers Quarters,
Air force Camp, Vayu shaktinagar,
Palaj, Gandhinagar.
At present residing at HQ CE(P) Chetak,
Shriganganagar Road, Beechhwal,
Bikaner, Rajasthan-334006.
…Petitioner
(Ori. Accused )
Versus

1. The State of Gujarat,

(Notice to be served through
the Ld. Public Prosecutor),
High Court of Gujarat,
Ahmedabad.

2. Sujitkumar Shrishilbhadraprasadsinh
Male, Aged 39 years,
Residing at Block No.S-1 Tower,
Vayu Shakti Nagar, Palaj, Gandhinagar.
At present residing at Security Section,
AF Stn Jalahalli, Jalahalli East,
Bengaluru, Karnataka-560014.
..…Respondents
(No.2- Ori. Complainant)

APPLICATION U/S. 482 OF

CRPC. FOR QUASHING OF
FIR BEING C.R.NO.
11216006200003 OF 2020
REGISTERED WITH
CHILODA POLICE STATION,

1
 DISTRICT-GANDHINAGAR
ON THE GROUND OF
SETTLEMENT
TO:
The HON'BLE CHIEF JUSTICE
AND OTHER HON'BLE JUDGES
OF THE HIGH COURT OF
GUJARAT AT AHMEDABAD.
THE HUMBLE PETITION OF THE
PETITIONER ABOVENAMED

MOST RESPECTFULLY SHEWETH :-

1. In this petition the Code of Criminal Procedure,

1973 will be herein after be referred to as ‘the

code’. The above named petitioner as ‘the

accused’ ,Sujitkumar Shrishilbhadraprasadsinh

as ‘the complainant’ and Criminal Case no.

3683 of 2020 pending before the Hon’ble Court

of Chief Judicial Magistrate, Gandhinagar as

‘the case’.

2. The petitioner submits that the complainant

has lodged the FIR before the Chiloda Police

Station, Gandhinagar being C.R.No.

11216006200003 of 2020 for the offences

punishable u/ss. 279, 337, 338 of IPC and

u/ss. 177, 183, 184 of Motor Vehicle Act on

04.01.2020. A copy of the impugned FIR dated

04.01.2020 registered with Chiloda Police

2
 Station is annexed herewith and marked as

Annexure-A to this petition.

3. The petitioner submits that he has been

arrested and at present he is on bail.

4. The petitioner submit that now investigation is

over and the Chargesheet is filed before the

Court of Ld Chief Judicial Magistrate, Dist-

Gandhinagar on 17.05.2020 and the case has

been registered as Criminal case No. 3683 of

2020 and is pending before the Court. The copy

of the Chargesheet (chalan) is hereby annexed

to and marked as Annexure-B to this petition.

5. By way of this petition u/s. 482 of Cr.P.C. the

petitioner seek quashing of FIR being C.R.No.

11216006200003 of 2020 registered on

04.01.2020 with Chiloda Police Station,

District-Gandhinagar for the offences

punishable u/ss. 279, 337, 338 of IPC and

u/ss. 177, 183, 184 of Motor Vehicle Act and all

further proceedings in pursuance thereto as

being sheer abuse of process of law. The

petitioner pray to quash the impugned FIR, and

all further proceedings, mainly on the following

grounds:-

3
 G R O U N D S

(1) The petitioner and the complainant were

residing in the same vicinity and petitioner

and complainant were working in the same

field.

(2) The Settlement is arrived between the

parties and no grievance remains from the

complainant side and therefore he is filing

his affidavit alongwith this petition. The

copy of the affidavit of the complainant is

hereby annexed to and marked as

Annexure-C to this petition.

(3) The FIR was filed by the respondent no.2-

complainant because of some

misunderstanding and in haste.

(4) As per the case of the complainant, on

06.12.2019 he and his son were walking

towards garden near aircraft circle, one car

came from behind and knocked him and

his son. Due to that accident, public

gathered and took him and his son to the

hospital in the car of the petitioner. There

after some settlement talks were going on

between both the parties. But due to some

misunderstanding the said settlement

4
 could not be arrived at that relevant point

of time. But now due to indulgence of the

relatives and senior officers of Air force

and therefore he has entered into amicable

settlement with the petitioner.

(5) In view of settlement, the complainant has

no grievance against the petitioner and

both the sides have cordial relations now.

(7) No purpose would be served by continuing

the prosecution against the petitioner.

(8) The continuation of the impugned FIR and

subsequent proceedings is amounts to

sheer abuse of process of law.

(9) The petitioner respectfully submit that the

dispute pending between the parties, which

is purely personal and private in nature,

has been resolved amicably and the

respondent No.2 does not wish to proceed

further with the criminal proceedings so

lodged by him against the petitioner. That

the Hon’ble Apex Court in the case of

Narinder   Singh & Ors. Vs. State of Punjab

&   Anr. reported in (2015)   6 SCC 466 , in

the case of Dimpey Gujaral

reported in AIR 2013 SC 518

5
 as well as the  judgment  in the case of 

Gian Singh v. State of Punjab reported in

(2012) 10 SCC 303 has held that the

offences which are essentially private in

nature may be quashed and set aside. The

petitioner state that since the dispute

involved in the impugned FIR is purely

personal, the present petition may be

allowed by allowing the parties to

compound the offences, in the interest of

justice and equity.

(10) As the dispute has been amicably resolved

between the parties, there is no chance of

conviction and therefore, this Hon'ble

Court may kindly quash the impugned FIR

by exercising powers u/s.482 of CrPC in

the interest of justice.

(11) The Hon'ble Apex Court in Madan Mohan’s

case reported in AIR 2008 SC 1968 has

held that in the light of the compromise, it

is unlikely that the prosecution will

succeed in the matter and the dispute is a

purely personal one and no public policy is

involved. To continue with the proceedings,

therefore, would be a futile exercise. In

6
another decision in Nikhil Merchant’s case

reported in (2008) 9 SCC 677, Hon'ble

Apex Court has observed that in terms of

consent, it is a fit case where technicality

should not be allowed, to stand in way in

quashing of criminal proceedings since,

continuance of same after compromise

between parties would be futile exercise. In

yet another decision reported in (2008)4

SCC 582 it is held that it would be

advisable that in disputes, where the

question involved is of a purely personal

nature, the Court should ordinarily accept

the terms of compromise even in criminal

proceedings as keeping the matter alive

with no possibility of a result in favour of

the prosecution is a luxury which the

courts, grossly overburdened as they are,

cannot afford and that the time so saved

can be utilised in deciding more effective

and meaningful litigation. The same view is

also taken by the Hon'ble Apex Court in

B.S.Joshi’s case reported in (2003) 4 SCC

675, in the case of Nitinbhai Mathurdas

Thakkar v/s. The State of Gujarat reported

in 2005 (2) GLH 659 and in the case Nalini

7
 Shankaran Vs. Neelkanth Mahadeo Kamble

reported in 2007 (3) Scale 540. Similar

view is taken by this Hon’ble Court

recently in Cr.M.A. No. 11060/2015. In

view of the above settled legal principles

and view of the facts of the present case,

as the compromise has taken place

between the parties, it is humbly prayed to

this Hon'ble Court to quash the impugned

FIR in the interest of justice.

6. The petitioner have no other alternative

efficacious remedy but to approach this Hon’ble

Court by way of this application.

7. The petitioner crave leave to add, amend, alter,

rescind any of the grounds, if need arises to do

so.

8. The petitioner submit that except this petition, no

petition has been presented to this Hon’ble Court

u/s 482 of the code or any other Court of law in

India including the Hon’ble Supreme Court of India.

9. The petitioner, therefore, pray that :-

(A) Admit and allow this petition;

(B) Quash and set-aside the FIR vide C.R.No.

11216006200003 of 2020 registered before

8
 Chiloda Police Station, District-Gandhinagar dated

04.01.2020 and subsequent proceeding being

Criminal Case No. 3683 of 2020 pending before

the Ld Court of Chief Judicial Magistrate,

Gandhinagar.

(C) Pending the hearing and final disposal of this

petition, be pleased to stay the proceedings of

Criminal Case No. 3683 of 2020 pending before

the Ld Court of Chief Judicial Magistrate,

Gandhinagar arising out of the FIR vide C.R.No.

11216006200003 of 2020 registered before

Chiloda Police Station, District-Gandhinagar dated

04.01.2020;

(D) Pass such orders as thought fit in the interest of

justice;

AND FOR THIS ACT OF KINDNESS, THE PETITIONER ARE,

AS IN DUTY BOUND, SHALL FOR EVER PRAY.

AHMEDABAD. JAYESH A. DAVE

DATE : /03/2023 ADVOCATE FOR THE PETITIONER

AFFIDAVIT

I, Alok s/o Jagdishchandra Bhatia Male, Aged 50

years, Residing at Single officers Quarters, Air force
Camp, Vayu shaktinagar, Palaj, Gandhinagar. At present
residing at HQ CE(P) Chetak, Shriganganagar Road,
Beechhwal, Bikaner, Rajasthan-334006. The petitioner

9
herein do hereby solemnly affirm and state that on oath as
under :
I am the petitioner in this petition and therefore I am

conversant with the facts and circumstances of this case

which gave rise to this petition. Contents of this petition

memo have been read over and explained to me in Gujarati.

Its para 1 to 4 & 6 to 8 are statement of facts which are

true to the best of my knowledge and belief. Its para 5

contains legal submission and its last para contains prayer

clause.

Solemnly affirmed on this ____ day of_________, 2023 at

_________________.

________

Alok Jagdishchandra Bhatia

Deponent

_____

Identified by me

Advocate

10
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : GANDHINAGAR

CRIMINAL MISC. APPLICATION NO. OF 2023

(U/s. 482 of the Code of Criminal Procedure, 1973)

Alok Jagdishchandra Bhatia

…Petitioner
(Ori. Accused)
Versus

The State of Gujarat & Another …Respondents

(No.2 original complainant)

INDEX

------------------------------------------------------------------
ANNEXURES PARTICULARS PAGE
NO.

-- Memo of petition. A to

‘A’ The copy of F.I.R. vide C.R.No.

11216006200003 of 2020
registered before Chiloda Police
Station, District-Gandhinagar
dated 04.01.2020.

‘B’ The copy of the Chargesheet

(chalan) dated 17.05.2020

‘C’ The copy of the affidavit of

original complainant.

------------------------------------------------------------------
(Chargesheet is filed on 17.05.2020)

11
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : GANDHINAGAR

CRIMINAL MISC. APPLICATION NO. OF 2023

(U/s. 482 of the Code of Criminal Procedure, 1973)

Alok Jagdishchandra Bhatia

…Petitioner
(Ori. Accused)
Versus

The State of Gujarat & Another …Respondents

(No.2 original complainant)

LIST OF EVENTS

04.01.2020 : The complainant has lodged the FIR vide

C.R.No. 11216006200003 of 2020

registered before Chiloda Police Station,

District-Gandhinagar against present

petitioner for the offences punishable

u/ss. 279, 337, 338 of IPC and u/ss.

177, 183, 184 of Motor Vehicle Act.

12.02.2020 : The petitioner were arrested and released

on bail.

17.05.2020 : The Chargesheet came to be filed before

the Ld Court of Chief Judicial Magistrate

Gandhinagar Dist-Gandhinagar and the

said case has been registered as Criminal

Case No. 3683 of 2020.

----- : While pending the said Criminal Case, the

petitioner and original complainant arrived

at to amicable settlement and as of now

12
 no grievances are in existence.

: Hence, this petition for quashing of the

complaint on the ground of settlement.

13