Rule.
Learned A.P.P., Ms.A.C. Raval for the respondent no.1-State of Gujarat and learned counsel, Mr.Y.V. Vaghela for the respondent no.2-complainant.
The present application has been filed by the applicants-accused under Section 482 of the Criminal Procedure Code for quashing of the FIR being C.R.No.I-38/2012 (cross complaint of C.R.No.I-36/2012) registered with Kotdasangani Police Station on the grounds stated in the application.
Heard learned counsel appearing for the respective parties. The parties are present and have confirmed about the settlement arrived at between the parties.
Both learned counsel have stated that the parties have arrived at settlement, for which, affidavit is produced at Annexure-B stating that with the intervention of the relatives and friends, the dispute has been settled and the respondent no.2-original complainant has no objection if the present application is allowed.
Therefore, considering the facts circumstances and also 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 Shiji @ Pappu & Ors. Vs. Radhika & Anr., reported in AIR 2012 SC 499, wherein it has been observed that if the misconception has been sorted out and the continuation of the proceeding is an empty formality then, FIR may be quashed. Similarly, 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 has also observed that if the dispute is of private nature and the parties have settled, FIR may be quashed. Therefore, the present application deserves to be allowed.
In the circumstances, the present petition stands allowed in terms of Para No.10B. The FIR being C.R.No.I-38/2012 registered with Kotdasangani Police Station is hereby quashed and and set aside.
Rule is made absolute. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top