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SUPREME COURT OF INDIA
DIPAK MISRA, A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR AND ORS – Appellants
VERSUS
STATE OF GUJARAT AND ANR. – Respondents
CRIMINAL APPEAL NO.1723 OF 2017 [Arising out of SLP(CRL) No 9549 of 2016]
Decided On : 04-10-2017

IMPORTANT POINT
An offence can be compounded u/s 482 on basis of settlement between the accused and the victim but criminal proceeding or FIR cannot be quashed on basis of such settlement having due regard to the nature and gravity of the offence.

(a) Code of Criminal Procedure, 1973 – Section 482 – Settlement between offender and victim – Compounding and quashing – An offence can be compounded u/s 482 on basis of such settlement – Criminal proceeding or FIR cannot be quashed on basis of such settlement – Due regard must be had to nature and gravity of offence – In offences arising from commercial, financial, mercantile, partnership or similar transactions having essentially civil flavour criminal proceeding may be quashed if possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice. (Para 15)

       (2012) 10 SCC 303; (2014) 6 SCC 466; (2014) 15 SCC 29; (2016) 1 SCC 389; (2016)1 SCC 376 – Relied upon

       (b) Code of Criminal Procedure, 1973 – Section 482 – Instantly, appellants absconding requiring issue of warrants u/s 70 – Secondly, appellants having criminal antecedents – All the appellants acting as a team in acts involving extortion, forgery and conspiracy – High Court rightly held that it was not in the interest of society to quash the FIR on the ground that a settlement had been arrived at with the complainant. (Para 16)

       Facts of the case:

       The appellants sought the quashing of a First Information Report registered against them under Sections 384, 467, 468, 471, 120-B and 506(2) of the Penal Code.

       The High Court denied the relief u/s 482.

       Finding of the Court:

       High Court rightly refused to quash the proceedings.

       Result: Appeal dismissed.

Cases Referred:
Gian Singh v State of Punjab, (2012) 10 SCC 303 – Relied upon [Para 8] - Referred By
Narinder Singh v State of Punjab, (2014) 6 SCC 466 – Relied upon [Para 8] - Referred By
State of Maharashtra v Vikram Anantrai Doshi, (2014) 15 SCC 29 – Relied upon [Para 12] - Referred By
Central Bureau of Investigation v Maninder Singh, (2016) 1 SCC 389 – Relied upon [Para 13] - Referred By
State of Tamil Nadu v R Vasanthi Stanley, (2016)1 SCC 376 – Relied upon [Para 14] - Referred By

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PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR VS STATE OF GUJARAT

JUDGMENT

Dr D.Y. CHANDRACHUD, J

Leave granted.

2. By its judgment dated 25 November 2016, the High Court of Gujarat dismissed an application under Section 482 of the Code of Criminal Procedure, 1973. The appellants sought the quashing of a First Information Report registered against them on 18 June 2016 with the City ‘C’ Division Police Station, District Jamnagar, Gujarat for offences punishable under Sections 384, 467, 468, 471, 120-B and 506(2) of the Penal Code. The second respondent is the complainant.

3. In his complaint dated 18 June 2016, the second respondent stated that certain land admeasuring 17 vigha comprised in survey 1408 at Panakhan Gokulnagar in Jamnagar city was his ancestral agricultural land. The land was converted to non-agricultural use on 21 June 1995 and 5 January 2000 pursuant to orders of the District Collector. One hundred and three plots were

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