Full Judgment Text
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
J U D G M E N T
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.
1
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.
3
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]
6