“Amicable Settlement Leads to Quashing of FIR: Gujarat High Court Emphasizes on ‘Preventing Abuse of Process of Court'”
In a significant judgment, the Gujarat High Court has underscored the importance of preventing the abuse of court processes in criminal matters, particularly when parties reach an amicable settlement. The judgment was delivered on March 12, 2024, in the case of Mega Grain Trading Pvt. Ltd. and Others vs. State of Gujarat and Another.
Presided over by Justice Hasmukh D. Suthar, the court allowed the application for quashing the FIR and subsequent proceedings against Mega Grain Trading Pvt. Ltd. and others. The FIR, lodged for the offenses under Sections 406, 420, and 114 of the Indian Penal Code, 1860, stemmed from a commercial dispute that turned out to be a miscommunication between the parties involved.
Justice Suthar, in his judgment, observed, “The criminal courts are not meant to be used for settling scores or pressurize parties to settle civil disputes.” This remark came in light of the mutual settlement reached by the disputing parties and the affidavit filed by the original complainant, stating no objections to quashing the proceedings.
The case revolved around a commercial transaction for caraway seeds, which resulted in the filing of an FIR when the goods received were found to be waste material. However, during the course of the legal proceedings, the parties reached an amicable resolution, prompting the move to quash the FIR.
Referring to several landmark decisions, including Sarabjit Kaur vs. State of Punjab & Anr. and State of Haryana v. Bhajan Lal, Justice Suthar highlighted the delicate balance between criminal prosecution for cheating and the mere breach of contract. He emphasized that criminal prosecution should not be initiated merely on the allegation of a failed promise.
In conclusion, the court decided to quash the FIR C.R. No.11205032231429 of 2023 registered at Mundra Police Station, Kutch-Bhuj, and all consequential proceedings. The decision underlines the judiciary’s stance on not allowing the criminal justice system to be used as a tool for settling civil disputes, especially when an amicable settlement is reached between the parties.
Date of Decision: 12-03-2024
MEGA GRAIN TRADING PVT. LTD. AND OTHERS VS STATE OF GUJARAT
