Hemantbhai Balvantbhai Patel vs The State Of Gujarat

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1420 OF 2018

Hemantbhai Balvantbhai Patel and Another …Appellants

Versus

The State of Gujarat and Another …Respondents

JUDGMENT

M.R. SHAH,J.

1. 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) 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 Signature Not Verified Digitally signed by Neetu Sachdeva Date: 2023.03.24 16:35:11 IST Reason: before the Sarkhej Police Station, the original accused have preferred

the present appeal.

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2. We have heard Shri Saif Zia, learned counsel appearing on behalf

of the appellants and Shri Siddhartha Dave, learned Senior Advocate

appearing on behalf of the original complainant.

At the outset, it is required to be noted that prior in time the

appellants herein – original accused had filed an FIR against the

complainant herein being I-C.R. No. 337/2007 dated 23.04.2007 with the

Satellite Police Station and the charge sheet came to be filed against the

complainant herein and the matter is presently pending adjudication

before the JMFC, Ahmedabad (Rural). It is also required to be noted

that the appellants herein are the son and grandson of the original

complainant and the original complainant is the mother of appellant No.1

and grandmother of appellant No.2 (accused herein).

2.1 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. 10,50,000/- from the said joint bank account,

which was originally the joint account of appellant No.1 and the

complainant.

3. Learned counsel appearing on behalf of the appellants has

vehemently submitted that as such the disputed signatures on

2 documents D3 and D5 tally with the original signatures of the

complainant on D1, D2, D4 and D6. He has heavily relied upon the FSL

report (Annexure P2). It is submitted that as such the appellants tried

their best to resolve the dispute amicably being a family dispute,

however, efforts have failed.

3.1 Learned counsel appearing on behalf of the appellants has stated

at the Bar that the appellants are ready and willing to return the entire

amount of Rs. 10,50,000/- to the complainant with 12% simple interest

from 1.6.2007 till date to put an end to the litigation so that relations

between the appellants and the complainant again become cordial.

4. 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. However thereafter when we prima facie opined that this is a fit

case to discharge the accused and quash the criminal proceedings filed

against the appellants, he has prayed that in that case the criminal

proceedings against the complainant arising out of I-C.R. No. 337/2007

filed with the Satellite Police Station filed by the appellants be also

quashed.

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5. 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.

6. Having heard learned counsel for the respective parties and

considering the material on record and more particularly the

opinion/report of the FSL produced at Annexure P-2 and the disputed

documents D3 and D5 and the signatures of the complainant compared

with her signatures on documents marked as D1, D2, D4 and D6 and

looking to the relationship between the appellants and the original

complainant of son, grandson and the mother/grandmother, we are of

the opinion that to continue the criminal proceedings against the

appellants would not be in the larger interest of the parties. Even

otherwise on merits also, taking into consideration the report of the FSL

(Annexure P-2) and the disputed documents D3 and D5, we are of the

opinion that this is a fit case to quash the criminal proceedings against

the appellants.

7. 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

4 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, in exercise of powers under Article 142 of the

Constitution of India. However, at the same time, as agreed, the

appellants shall return the entire amount of Rs. 10,50,000/- with 12%

simple interest from 01.06.2007 till date to be paid within a period of one

week from today and on that the present criminal proceedings against

the appellants are hereby quashed and set aside.

8. In view of the above and for the reasons stated above, the present

appeal succeeds. The criminal proceedings against the appellants

herein arising out of FIR being I-C.R. No. 293/2007 with the Sarkhej

Police Station and Criminal Case No. 3398/2009 pending before the

learned JMFC, Ahmedabad (Rural) are hereby ordered to be quashed

and set aside. The appellants to return/pay Rs.10,50,000/- with 12%

simple interest to the complainant w.e.f. 01.06.2007 till date by way of

Demand Draft/Pay Order in the name of the original complainant –

mother, within a period of one week from today.

9. In exercise of powers under Article 142 of the Constitution of India

and with the consent of the learned counsel appearing for the respective

5 parties and as agreed by the appellants, criminal proceedings against

the complainant herein 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. We hope and trust

that the wiser sense will prevail and there shall be cordial relations

between the parties.

10. The present appeal stands disposed of in the aforesaid terms.

……………………………….J. [M.R. SHAH]

NEW DELHI; ……………………………….J. MARCH 24, 2023. [KRISHNA MURARI]

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