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In the interest of justice, cases of civil nature can be quashed: Gujarat High Court

The Gujarat High Court on 18th July 2022 reiterated the distinction between Sections 482 and Sec 320 of the Code while allowing a revision application under Section 397 of CrPC seeking quashing of a judgement convicting the Petitioner under Section 138 of Negotiable Instruments Act, through the single bench of Justice Samir J. Dave in the case of Kamleshkumar Mohanji Methana vs State of Gujarat (Criminal Revision Application No. 637 of 2022).

 

FACTS OF THE CASE:

In the present case, the applicant filed an application under Section 397 of the Code of Criminal Procedure, praying to quash and set aside the judgement and order dated 27.06.2022 passed by the learned Sessions Judge, as well as the judgement and order dated 12.02.2021 passed by the learned 2nd Additional Chief Judicial Magistrate.

The present application was filed against the background of the parties’ settlement for offences punishable under Section 138 of the Negotiable Instruments Act. The Applicant, in this case, was tried and found guilty of the aforementioned offence. The appeal against the Trial Judge’s order was denied. In response to this, the present application was filed.

The Complainant-Respondent No. 2 had produced an affidavit confirming the parties’ settlement.

JUDGEMENT:

The bench relied on Gian Singh vs the State of Punjab and Anr. [(2012) 10 SCC 303], in which the Apex Court examined the relative scope of Sections 482 and 320 and established specific parameters that may be used in different facts and circumstances.

The Single Judge Bench emphasised that the aforementioned facts were simply illustrative and not complete. The Bench further stated that the exercise of powers will be determined by the facts and circumstances of each case under Art 226 r/w Sec 482 of the CrPC.

thus, in the present case, noting that the settlement had restored peace in the society and that the parties were now eager to live in harmony, the Court quashed the criminal case and ordered the Applicant’s release.

Accordingly, the revision application was allowed.

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JUDGEMENT REVIEWED BY NIDHI KUMAR

 

 

Read the full judgement.

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