PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR AND ORS. versus STATE OF GUJARAT AND ANR.

Citation: [2017] 10 S.C.R. 12 · Decided: 04-10-2017 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Dismissed

Cited by 9 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

[2017] IOS.C.R. 12 
A 
PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI 
B 
c 
KARMUR AND ORS. 
v. 
STATE OF GUJARAT AND ANR. 
(Criminal Appeal No. 1723 of2017) 
OCTOBER 4, 2017 
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND 
DR. D. Y. CHANDRACHUD, JJ.] 
Code of Criminal Procedure, 1973: 
s. 482 - Inherent jurisdiction - Exercise of by the High 
Court - Quashing of FIR/criminal proceedings - Complaint alleging 
that accused and others hatched a conspiracy resulting into tramfer 
of valuable land belonging to complainant a11d his siblings on the 
D 
basis of the forged documents - Registration of FIR u!ss. 384, 467, 
468, 471, I20-B, 506(2) - Quashing of FIR sought on the ground 
of amicable settlement between the parties - Rejection by the High 
Court - On appeal, held: High Court was just(fied in declining to 
quash the FIR - Instant case, is not merely one i11volving a private 
E 
F 
dispute over a land transaction between two contesting parties who 
entered into a settlement later - Case involves a/legations of 
extortion, forgery, .fabrication of documents, utilization of.fabricated 
documents to effectuate tramfers of title before the registering 
authorities and deprivation of the complainant of his interest in 
land on the basis of a fabricated power of attorney - Allegations 
implicate serious offences having a bearing on a vital societal interest 
in securing the probity of titles to or interest in land - Such offences 
cwtnot be construed to be merely private or civil but implicate 
societal interest in prosecuting serious crime - Penal Code, 1860 -
ss. 384, 467. 468, 471, I20-B, 506(2). 
s. 482 - Inherent powers of the High Court - Quashing of 
G 
FIR/criminal proceedings - Principles to be kept in mind - Stated. 
H 
A complaint was filed against the appellants and other co-
accused alleging that they hatched a conspiracy resulting into 
transfer of valuable land belonging to the complainant and his 
siblings on the basis of the forged documents. The appellants 
12 
PARBATBHAI AAHIR@ PARBATBHAI BHIMSINHBHAI 
13 
KARMUR v. STATE OF GUJARAT 
filed a petition seeking quashing of the First Information Report 
A 
on the ground that the appellants had amicably settled the dispute 
with the complainant. The High Court rejected the prayer to quash 
the FIR. Hence the present appeal. 
Dismissing the appeal, the Court 
HELD: 1.1 The principles to be kept in mind while quashing 
B 
FIR/criminal proceedings under section 482 Cr.P.C. are: 
(i) Section 482 preserves the inherent powers of the High 
Court to prevent an abuse of the process of any court or 
to secure the ends of justice. The provision does not confer 
new powers. It only recognises and preserves powers C 
which inhere in the High Court; 
(ii) The invocation of the jurisdiction of the High Court to 
quash a First Information Report or a criminal proceeding 
on the ground that a settlement has been arrived at 
between the offender and the victim is not the same as 
D 
the invocation of jurisdiction for the purpose of 
compounding an offence. While compounding an offence, 
the power of the court is governed by the provisions of 
Section 320 of the Code of Criminal Procedure, 1973. The 
power to quash under Section 482 is attracted even if the 
E 
offence is non-compoundable. 
(iii) In forming an opinion whether a criminal proceeding 
or complaint should be quashed in exercise of its 
jurisdiction under Section 482, the High Court must 
evaluate whether the ends of justice would justify the 
exercise of the inherent power; 
(iv) While the inherent power of the High Court has a 
wide ambit and plenitude it has to be exercised; (i) to 
secure the ends of justice or (ii) to prevent an abuse of 
the process of any court; 
(v) The decision as .to whether a complaint or First 
Information Report should be quashed on the ground that 
the offender and victim have settled the dispute, revolves 
ultimately on the facts and circumstances of each case and 
no exhaustive elaboration of principles can b1• formulated; 
F 
G 
H 
14 
A 
B 
c 
D 
E 
F 
u 
H 
SUPREME COURT REPORTS 
[2017] 10 S.C.R. 
(vi) In the exercise of the power under Section 482 and 
while dealing with a pica that the dispute has been settled, 
the High Court must have due regard to the nature and 
gravity of the offence. Heinous and serious offences 
involving mental depravity or offences such as murder, 
rape and dacoity cannot appropriately be quashed though 
the victim or the family of the victim have settled the 

Excerpt shown. Read the full judgment & AI analysis in Lexace.