1 Rule.
Service is waived. Upon the joint request made by the learned advocates for the parties, this matter is taken up for final disposal.
2 This application under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] is filed by the applicants to quash the FIR being C.R. No.I-198 of 2009 registered with Vastrapur Police Station for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120B, 506(2) and 341 of the Indian Penal Code.
3 Heard the learned advocates for the parties.
4 It is not in dispute that amicable settlement dated 17.1.2012 is arrived at between the parties and now no grievance survives about the allegations levelled in the complaint and it is submitted that the parties have decided to act in accordance with the terms of the settlement as above. Even pending civil suits before the competent Civil Court are also withdrawn. It is, therefore, submitted that subjecting the applicants to rigour of trial would result in undue hardship and, in view of the law laid down by the Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, the impugned complaint may be quashed and set aside.
5 Considering the overall facts and circumstances of the case and the terms of settlement and the law laid down by the Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, in my view, a case is made out to exercise powers under Section 482 of the Code to secure the ends of justice and, accordingly, the impugned complaint is quashed and set aside. The application is allowed to the aforesaid extent. Rule is made absolute. Direct service is permitted.
(ANANT S. DAVE, J.) (swamy)