Rule.
Learned APP Mr. H.L.Jani waives service of Rule for Respondent No.1-State of Gujarat and learned Advocate Mr. Siddharth Dave waives service of Notice for Respondent No.2-Original Complainant.
The present Petition has been filed by the Petitioners - Original Accused under Article 226 of the Constitution of India and Section 482 of the Criminal Procedure Code for the prayer that FIR being I-CR No. 25 of 2012 registered with Tharad Police Station may be quashed and set aside on the grounds stated in the Application.
The learned Advocate for the Petitioners and the learned Advocate for Respondent No.2-Original Complainant have stated that the parties have arrived at an amicable settlement for which the affidavit of Respondent No.2 - Original Complainant has been produced stating that he has no grievance and he is not pursuing his complaint / FIR. It is stated that the settlement is arrived at with a view to maintain relation between the parties and the FIR was registered due to misunderstanding. It is also stated by the learned Advocates that the cross complaints are now not pressed and there is another FIR being I-CR No.26 of 2012 registered against the Respondent - Complainant by the present Petitioners is also sought to be withdrawn.
Therefore, in view of the facts and circumstances 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 16(A) deserves to be granted. The FIR being I-CR No. 25 of 2012 registered with Tharad Police Station is hereby quashed and set aside. Rule is made absolute.
(Rajesh H. Shukla,J) Jayanti* Top