Rule.
Learned APP Ms. Archana Raval waives service of Rule for Respondent No.1-State of Gujarat and learned Advocate Mr. P.P.Majmudar waives service of Rule for Respondent No.2-Original Complainant.
The present Petition has been filed by the Petitioners under Section 482 of the Criminal Procedure Code for the prayer that FIR being I-CR No. 26 of 2012 registered with Tharad Police Station may be quashed and set aside on the grounds stated in the Application.
The learned Advocate appearing for the Petitioners and the learned Advocate appearing for Respondent No.2 have stated that the parties have arrived at an amicable settlement for which the affidavit of has been produced stating that with a view to maintain the relations a misunderstanding has been cleared and therefore they have no objection if the FIR is quashed. Learned Advocate Mr. Siddharth H. Dave appearing for the Petitioners has stated that the Respondent No.2 - Original Complainant is an accused against whom a cross complaint being FIR No.25 of 2012 is registered with Tharad Police Station by the present Petitioner as a complainant which is also to be quashed in view of the settlement.
Therefore, in the facts and circumstances considering the fact that there are two cross complaints filed by the parties, which they have settled to maintain the relations and also in view of the guidelines laid down by the Hon'ble Apex Court in case of Shiji alias Pappu and Ors. v. Radhika and Anr., AIR 2012 SC 499, wherein it has been observed that, if the misunderstanding is sorted out and the continuation of the proceedings would be an empty formality, the FIR may be quashed. Similarly, in case of Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582, the Hon'ble Apex Court has also observed that when the dispute is of private nature and the parties have amicably settled, then the FIR could be quashed.
Therefore, in light of the aforesaid facts and circumstances, the present Petition deserves to be allowed. The prayer in terms of paragraph 8(a) deserves to be granted and accordingly stands granted. The FIR being I-CR No. 26 of 2012 registered with Tharad Police Station is hereby quashed and set aside. Rule is made absolute.
(Rajesh H. Shukla,J) Jayanti* Top