Heard learned advocate for the private parties and learned APP for the respondent - State of Gujarat.
2. At the joint request of learned advocate for the parties, this petition is taken up for final disposal.
3. This petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by the petitioner with a prayer to quash and set aside FIR being CR No.I-158/2011 registered with Dabhoda Police Station, Dist. Gandhinagar.
4. It is not in dispute that due to misconception and misunderstanding complaint was filed since in the transactions entered into by the petitioner the complainant was not a party, but now the petitioner has entered into deed of cancellation of earlier transaction on 03.01.2012 and status quo ante prevailing with regard to the subject property is restored. The affidavit filed by the original complainant reiterates the above facts. The complainant stated in the affidavit that the dispute is settled between the parties amicably and if the FIR against the present petitioner is quashed and set aside, she has no objection.
5. Having heard learned advocates for the parties and considering the fact that the parties have settled their dispute amicably and the complainant has no objection if the FIR is set aside, I am of the opinion that a case is made out to exercise powers under Section 482 of the Code of Criminal Procedure, 1973 to secure the ends of justice. Accordingly, FIR being CR No.I-158/2011 registered with Dabhoda Police Station, Dist. Gandhinagar is hereby quashed and set aside.
This application is allowed accordingly. No costs.
[Anant S. Dave, J.] *pvv Top