Heard Mr. Kandarp H. Dholkia, learned advocate for the applicant and Mr.Tushar Sheth, learned advocate for the original complainant and has identified the complainant, who is present in the Court and Mr. L.R.Pujari, learned APP for the respondent State.
Tushar Sheth, learned advocate for the original complainant is permitted to file his appearance and shall file his appearance.
Learned APP Mr.L.R.Pujari, for the respondent No.1 State and Mr.Tushar Sheth, learned Advocate, for the respondent No.2-original Complainant, waive service of rule on behalf of the respective parties. With the consent of learned Advocates appearing for the parties, the matter is taken up for final hearing.
4. By way of the present application under Section-482 of the Code of Criminal Procedure,1973, the applicants-original accused persons, have prayed for quashing of the FIR registered at CR No.148 of 2013 dated 11.7.2013 before City A Division Police Station, Jamnagar filed against them for the offenses punishable under Sections 406, 420 and 465 of the Indian Penal Code, on the ground that the matter is of private nature and at the intervention of respected members of the society the dispute has already been settled between the parties out side the Court .
5. Mr. Tushar Sheth, learned Advocate, appearing for the respondent No.2 original complainant submitted that the respondent No.2 original complainant has filed an affidavit wherein he stated that due to interference of the respected members of the society a settlement agreement is arrived between the applicants and complainant; the dispute between the parties has been amicably settled; she does not have any grievance against the applicants and, therefore, she has no objection if the impugned FIR is quashed against the applicants accused.
6. Considering the aforesaid aspects that the dispute between the parties has been settled amicably and complainant does not want to pursue his complaint and in view of the decision of the Hon ble Apex Court in the case of Gian Singh vs. State of Punjab And Anr., as reported at (2012) 10 SCC 303, in my opinion, the present application requires consideration. Hence, the present application is allowed. The impugned FIR registered at CR No.148 of 2013 dated 11.7.2013 before City A Division Police Station, Jamnagar filed against the present applicants for the offenses punishable under Sections 406, 420 and 465 of the Indian Penal Code is hereby quashed and set aside. Rule is made absolute accordingly. Direct Service is permitted.
(A.J.DESAI, J.) *Kazi Page 3 of 3