1. Rule.
Learned advocate Mr.H.N. Joshi for M/s. Thakkar Associates waives service of notice of Rule for Respondent No.2-Original Complainant and learned A.P.P., Mr.H.L. Jani waives service of notice of Rule for respondent no.1-State of Gujarat .
2. The present application has been filed by the applicant-original accused under Section 482 of the Criminal Procedure Code,1973 for the prayer that FIR being C.R.No.I-2/2009 registered with Rander Police Station, Dist- Surat and charge-sheet filed pursuant thereto may be quashed and set aside, on the grounds stated in the application.
3. Heard learned counsel appearing for the respective parties.
4. Learned counsel, Mr.Hardik Dave has stated that the parties have amicably settled the dispute, which is confirmed by learned counsel, Mr.H.N. Joshi, for the respondent has stated that respondent no.2 original complainant has produced on record the affidavit at Annexure-C stating that the disputes differences and issues had arisen between the parties, which lead to filing of the FIR and subsequently, due to intervention of persons known to both the sides it has been sorted out and has no objection, if the FIR is quashed and set aside. Both counsel have therefore stated that FIR may be quashed.
5. In the circumstances, considering the guidelines laid down by the Hon'ble Apex Court including the the observation made by the Hon'ble Apex Court in a judgment in case of Madan Mohan Abbot V/s State of Punjab reported in (2008) 4 SCC 582, wherein it has been observed that if the parties have arrived at settlement and the continuation of the proceedings would be futile exercise then the FIR may be quashed. Therefore, considering the facts and circumstances of the present case, the application deserves to be allowed.
6. In the circumstances, the present application stands allowed in terms of Para No.8(b). The FIR being C.R.No.I-2/2009 registered with Render Police Station, Dist: Surat and charge-sheet filed pursuant thereto are hereby quashed and and set aside.
7. Rule is made absolute. Direct service is permitted.
(RAJESH H. SHUKLA, J.) mehul Top