1. Rule.
Learned advocate Ms.Archana Raval waives service of notice of Rule for respondent no.1-State and learned advocate Ms.Meena Vyas waives service of notice of Rule for respondent no.2-original complainant.
2. The 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-187 of 2012 registered with Naroda Police Station, Ahmedabad may be quashed and set aside on the grounds stated in the application.
3. Heard learned advocate Mr.Dave appearing for the applicant, learned APP Ms. Archana Raval appearing for respondent no.1-State and learned advocate Ms.Meena Vyas appearing for respondent no.2-original complainant.
4. Learned advocates appearing for the respective parties have stated that parties have arrived at amicable settlement. They have also stated that in fact earlier Misc. Criminal Application No.8510 of 2012 was filed for similar prayer qua other accused and the same has been disposed of vide order dated 21/06/2012. Complainant is present in the Court and confirmed about having arrived at amicable settlement. Learned advocates for the parties, therefore, stated that the FIR being CR No.-I-187 of 2012 registered with Naroda Police Station, Ahmedabad may be quashed and set aside.
5. Learned advocate Mr. Dave has also referred to and rely upon the judgment of the Hon'ble Apex Court in the case of 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 continuation of proceedings is a futile exercise and empty formality, then the FIR may be quashed and set aside.
6. In view of the facts and circumstances of the case and above cited decision as well as decision rendered in the case of 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-7(A) of the application is granted. The FIR being CR No.-I-187 of 2012 registered with Naroda Police Station, Ahmedabd is quashed and set aside. Rule is made absolute. Direct service is permitted.
(RAJESH H. SHUKLA, J.) (ila) Top