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Bhavesh Hashmukhbhai vs State Of Gujarat &

High Court Of Gujarat|20 September, 2013
1. This application has been filed u/s.482 of the Code of Criminal Procedure for quashing and setting aside the order passed by the learned Judicial Magistrate, Court No.2, Mirzapur, Ahmedabad dated 06.04.2009 ordering investigation u/s.156(3) of Cr.P.C. and also to quash and set aside the proceedings of M. Case No.01/2009 registered before Odhav Police Station, which was subsequently numbered as Criminal Case No.376/2009 before the Court of learned Chief Judicial Magistrate, Ahmedabad (Rural), Ahmedabad.
2. When the matter was called out, learned counsel Mr. Tirmizi informed the Court that the present application deserves to be allowed in view of the order passed by this Court in Criminal Misc. Application No.6437/2010 dated 25.06.2010 filed by present respondent no.2 wherein the parties have settled the dispute. For ready reference, the order is reproduced hereunder;
1. Rule. Service is waived. At the request of the learned advocates for the parties, this application is taken up for final hearing.
2. This application is filed under Section 482 of the Code of Criminal Procedure for quashing the FIR C.R. No.II-285 of 2008 registered with Dahegam Police Station, Gandhinagar, for the offences punishable under Sections 465, 467, 468, 471, 419, 384, 506(2), 120B and 114 of the Indian Penal Code.
3. At the outset, the learned advocates for the parties have jointly submitted that the parties have arrived at an amicable settlement. Respondent No.2original complainant is present in the Court and adheres to what is stated in the affidavit dated 21.6.2010 filed by him and the statement dated 25.6.2010 recorded by the Investigating Officer. The affidavit dated 21.6.2010 filed by respondent No.2 and the statement dated 25.6.2010 recorded by the Investigating Officer are ordered to be taken on record. It is jointly submitted that the suit filed by the applicant, being Special Civil Suit no.121 of 2009, in the Court of Additional Senior Civil Judge, Ahmedabad [Rural], has been withdrawn by order dated 24.5.2010. Certified copy of the order dated 24.5.2010 is ordered to be taken on record. It is further submitted that no proceedings are pending between the parties.
4. Having heard the learned advocates for the parties and considering the facts and circumstances of the case and documents, inter alia, the affidavit dated 21.6.2010 filed by the complainant and the statement dated 25.6.2010 recorded by the Investigating Officer produced on record, to secure the ends of justice, I deem it just and proper to exercise powers under Section 482 of the Code and quash the impugned complaint qua the applicant.
5. This application is allowed accordingly. The impugned complaint is quashed qua the applicant. Rule is made absolute. Direct service is permitted.
3. Considering the above order, the present application is allowed. The impugned order passed by the learned Judicial Magistrate, Court No.2, Mirzapur, Ahmedabad dated 06.04.2009, as proceedings of M. Case No.01/2009 registered before Odhav Police Station, which was subsequently, numbered as Criminal Case No.376/2009 before the Court of learned Chief Judicial Magistrate, Ahmedabad (Rural), Ahmedabad are quashed and set aside. The application stands disposed of accordingly. Rule is made absolute.
(K.S.JHAVERI, J.) Pravin/* Page 4 of 4
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