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Hemantbhai Balvantbhai Patel & Anr. vs The State of Gujarat & Anr.

Criminal Appeal · 2023 INSC 288Decided 24 Mar 2023
Criminal Appeal No. 1420 of 2018
M.R. Shah · Krishna Murari · C.T. Ravikumar as the second judge

Background

A mother filed an FIR against her own son and grandson (the appellants), alleging that the son forged her signature to add the grandson to their joint bank account, from which the grandson then withdrew Rs. 10,50,000. The Gujarat High Court had refused to quash this FIR, so the son and grandson appealed to the Supreme Court. Separately, the appellants themselves had earlier filed their own FIR against the mother/complainant in 2007, which was also pending trial.

Decision Breakdown

During the hearing, the appellants offered to return the entire Rs. 10,50,000 to the complainant with 12% interest, to restore family harmony, and both sides agreed that all criminal proceedings between them (the mother's case against the son and grandson, and the earlier case the son and grandson had filed against the mother) should be quashed. The Supreme Court, considering the family relationship (mother, son, grandson), the FSL (forensic) report on the disputed signatures, and the parties' mutual consent, used its special constitutional power under Article 142 to quash both sets of criminal proceedings, conditioned on the appellants actually paying back the money with interest within one week.

Lesson Learnt

In genuinely private family disputes that have spilled into criminal proceedings, the Supreme Court can use its special Article 142 powers to quash the case and restore peace between the parties where they mutually agree to a settlement, though this is not an ordinary or guaranteed outcome and depends on the specific facts, including the family relationship and voluntary compensation offered.

Official source (sci.gov.in)View Judgment (PDF)

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