The present application has been filed by the applicants under sec. 482 of the Criminal Procedure Code for quashing the FIR being C.R. No. II-159/2012 registered with Udhna Police Station, Dist. Surat.
2. Heard learned advocate Mr. Manan Shah for the applicants and learned advocate Mr. Premal Rachh for respondent No.2-original complainant.
3. Both the learned advocates have stated that the parties have amicably settled the dispute regarding their business as cable operators and the affidavit of the complainant, respondent No.2, is also placed on record stating that they have entered into an amicable settlement. It is also stated that a cross complaint being C.R. No. II-157/2012 is also filed by applicant No. 1 against respondent No. 2.
4. Therefore, as the parties have amicably settled the dispute and considering the facts and circumstances as well as the guidelines laid down by the Hon'ble Apex Court in the judgments in the case of Madan Mohan Abbot v. State of Punjab, reported in (2008) 4 SCC 582, as well as in the case of Shiji @ Pappu v. Radhika, reported in AIR 2012 SC 499, wherein it has been observed that if it is a futile exercise and no purpose could be served, the discretion under sec. 482 of CrPC could be justified.
5. Therefore, the present application deserves to be allowed and accordingly stands allowed. Prayer in terms of para 7(B) is granted. The FIR being C.R. No. II-159/12 registered with Udhna Police Station, Dist. Surat is hereby quashed and set aside. Rule is made absolute. D.S. Permitted.
(Rajesh H. Shukla, J.) (hn) Top