The matte was taken up in view of the Criminal Miscellaneous Application No. 8842 of 2012 in Special Criminal Application No. 1575 of 2012 regarding joining the Complainant as party Respondent No.2.
The main matter, i.e. Special Criminal Application No.1575 of 2012 is filed by the Petitioner under Article 226 and 227 of the Constitution of India for the prayer that appropriate writ, order or direction may be issued quashing and setting aside the impugned order dated 13.3.2009 passed below Exh.6 in Criminal Case No. 117 of 2001 by the learned 3rd Joint Civil Judge and JMFC, Surat and order dated 30.6.2010 passed in Criminal Revision Application No. 82 of 2009 by the learned Additional Sessions Judge, Surat confirming the said order on the grounds stated in the Petition.
Learned Advocate Mr. Ashish M. Dagli for the Petitioner. Learned Advocate Mr. Mahesh Pujara appears and represented Respondent No.2- Original Complainant as per order passed in Criminal Miscellaneous Application No. 8842 of 2012.
Both the learned Advocates have stated that both the complainant and the Petitioner are present and they have arrived at a settlement, which is confirmed by both the parties who are present in the Court and the affidavit is also placed on record.
In view of the facts and circumstances and in view of the affidavit of the Complainant as well as in view of the guidelines laid down by the Hon'ble Apex Court in case of Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582, where the Hon'ble Apex Court has observed that when the dispute is of private nature and the parties have amicably settled, then the FIR could be quashed adopting the pragmatic approach and the common sense.
Therefore, the present Petition deserves to be allowed and accordingly stands allowed. The prayer in terms of paragraph 14(B) is granted. The impugned order dated 13.3.2009 passed below Exh.6 in Criminal Case No. 117 of 2001 by the learned 3rd Joint Civil Judge and JMFC, Surat and order dated 30.6.2010 passed in Criminal Revision Application No. 82 of 2009 by the learned Additional Sessions Judge, Surat confirming the said order is hereby quashed and set aside. Rule is made absolute.
Learned Advocate Mr. Mahesh Pujara is permitted to file his appearance.
In view of the order passed in Special Criminal Application No.1575 of 2010, Criminal Miscellaneous Application No. 8842 of 2012 stands disposed of accordingly.
(Rajesh H. Shukla,J) Jayanti* Top