Supreme Court – Daily Orders
Pravinbhai Bhaktibhai Patel vs The State Of Gujarat on 24 February, 2025
Author: Rajesh Bindal
Bench: Rajesh Bindal
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(@ SLP(CRL.) No.18378/2024)
PRAVINBHAI BHAKTIBHAI PATEL & ORS. APPELLANT(S)
VERSUS
THE STATE OF GUJARAT & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. A chargesheet has been filed, arraigning the appellants
for the offences punishable under Sections 143, 147, 149,
354, 323, 294(b), 506(2) of the Indian Penal Code, 1860
and 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
3. The case against the appellants is that they arrived at
the place of occurrence and committed the aforementioned
Signature Not Verified
offences while abusing the respondent – defacto
Digitally signed by
complainant.
SWETA BALODI
Date: 2025.03.04
17:00:18 IST
Reason:
4. Learned counsel appearing for the appellants would submit
that there is a prior civil suit inter se the parties.
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The appellants are in actual possession and enjoyment of
the suit property, which is the alleged place of
occurrence. As a counterblast to the suit filed by the
appellants, a complaint has been filed at the behest of
the complainant. Even on an earlier occasion, the private
respondent’s wife had given a complaint invoking the very
same provisions against some other accused persons, which
has been quashed on consent. The private respondent has
also given similar complaints, whenever he has got any
grievance.
5. Learned counsel appearing for the State would submit that
upon investigation, it was found that a case has been
made out. The allegations being a matter for trial, there
is no need for interference to the impugned judgment.
6. Despite notice being issued and served, none appears for
the contesting respondents.
7. We are of the considered view that continuing the
proceedings against the appellants would amount to a
travesty of justice.
8. Admittedly, the appellants have filed a suit which is
pending consideration. The present complaint has been
filed subsequent to the said suit. We are quite conscious
of the fact that mere pendency of the civil suit can
never be a bar to the initiation of criminal proceedings.
However, the place of occurrence itself is the disputed
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property over which, both the sides are claiming rights.
On the facts of the case and especially, after going
through the averments made in the First Information
Report, we are of the view that it is nothing but a civil
dispute between the parties. Perhaps, that is the reason
why the contesting respondent has chosen to not appear
before this Court.
9. In such view of the matter, we have no hesitation in
setting aside the impugned order. Accordingly, the FIR
No.11209041240461 of 2024, and the entire proceedings
arising out of it, stand quashed.
10. The appeal is allowed accordingly.
11. Pending application(s), if any, shall stand disposed of.
……………………………………………………J.
[M.M. SUNDRESH]
……………………………………………………J.
[RAJESH BINDAL]
NEW DELHI;
24th FEBRUARY, 2025
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ITEM NO.42 COURT NO.8 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 18378/2024
[Arising out of impugned final judgment and order dated 03-07-2024
in SCRA No. 6876/2024 passed by the High Court of Gujarat at
Ahmedabad]
PRAVINBHAI BHAKTIBHAI PATEL & ORS. Petitioner(s)
VERSUS
THE STATE OF GUJARAT & ANR. Respondent(s)
Date : 24-02-2025 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. Aniket Seth, Adv.
Mr. Saurabh Rajpal, AOR
For Respondent(s) Ms. Deepanwita Priyanka, Adv.
Ms. Swati Ghildiyal, AOR
Mr. Rishi Yadav, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(SWETA BALODI) (POONAM VAID) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)
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