Leave to amend.
Rule.
Learned APP Mr. H.L.Jani waives service of notice of Rule for Respondent No.1 Heard learned Advocate Mr. N.S.Sheth for the Applicant and learned Advocate Mr. Apurva S. Kapadia for Respondent No.2-Original Complainant.
The present Criminal Misc. Application has been filed under Section 482 of the Criminal Procedure Code for the prayer that the FIR being I-CR No. 66/2012 registered with Vijapur Police Station, District Mehsana for the alleged offence may be quashed and set aside on the grounds stated in the Application.
Learned Advocate Mr. N.S.Sheth for the Applicant and learned Advocate Mr. Apurva Kapadia for Respondent No.2-Original Complainant has stated that the parties have amicably settled the dispute, for which an affidavit of Respondent No.2 is produced at Annexure-G, which is confirmed by Respondent No.2-Original Complainant, who is present in the Court that the settlement has been arrived at as recorded therein. He has also stated that, therefore, if the present Criminal Misc. Application is allowed, he has no objection for quashing and setting aside the FIR filed by him.
In the facts and circumstances and having regard to the fact that the dispute of private nature and when the parties have amicably settled the dispute, the present Criminal Misc. Application deserves to be allowed.
The Hon'ble Apex Court in case of Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582 has observed:
We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.
Therefore, in view of this the present Criminal Misc. Application deserves to be allowed and accordingly stands allowed. The prayer in terms of paragraph 9(B) is granted. The FIR being I-CR No. 66 of 2012 registered with Vijapur Police Station, District Mehsana is hereby quashed and set aside.
Rule is made absolute.
(Rajesh H.
Shukla,J) Jayanti* Top