1. Rule.
Learned APP Mr. H. L. Jani waives service of notice of Rule qua respondent no.1-State.
2. Present application has been filed by the applicant under Section-482 of the Criminal Procedure Code, 1973 with a prayer that FIR being CR No.-I-59 of 2012 registered with Kanbha Police Station, District-Ahmedabad (Rural) may be quashed and set aside.
3. Learned advocate Mr. Suresh B. Bhatt appearing for respondent no.2-original complainant has appeared before the Court and has confirmed about the settlement.
4. Heard learned advocate Mr. S. S. Patel appearing for the applicant, learned advocate Mr. Suresh B. Bhatt for respondent no.2-original complainant and learned APP Mr.H.L. Jani for respondent no.1-State.
5. Learned advocate Mr. S. S. Patel for the applicant and learned advocate Mr.Bhatt for original complainant stated that parties have settled the dispute and for the same respondent no.2-original complainant has filed affidavit wherein it is clearly stated that the dispute was sorted out and the complainant has received back his Camera which was lost and now he has no grievance against the accused and also no grievance if the complaint/FIR being CR No.-I-59 of 2012 registered at Kanbha Police Station, District-Ahmedabad (Rural) may be quashed and set aside.
6. Learned advocate Mr. Patel has also referred to and rely upon the judgment of the Hon'ble Apex Court in the case between Shiji @ Pappu v. Radhika reported in AIR 2012 SC 499:2011 (10) SCC 705 and submitted that in view of the said judgment if the misunderstanding or misconception has been sorted out and if it is futile exercise and empty formality then the FIR may be quashed and set aside. In view of the facts and circumstances of the case and above cited decision as well as decision rendered in the case between Madan Mohan Abbot vs. State of Punjab reported in 2008 (4) SCC 582, present application deserves to be allowed.
7. In view of above, prayer in terms of para-15(B) of the application is granted. The FIR being CR No.I-59 of 2012 registered at Kanbha Police Station, District-Ahmedabad (Rural) is quashed and set aside. Rule is made absolute.
(RAJESH H. SHUKLA, J.) (ila) Top