Rule.
Learned APP Mr. HL Jani waives service of rule for respondent No.1-State and learned advocate Ms. Rajani D. Sharma waives service of rule for respondent No.2-original complainant.
2. The present application has been filed by the applicants under sec. 482 of the Code of Criminal Procedure for the prayer that the FIR being C.R. No. I-634/2008 registered with Rajkot Taluka Police Station may be quashed and set aside on the grounds stated in the application.
3. Both the learned advocates have stated that the parties have arrived at an amicable settlement for which an affidavit of respondent No. 2-original complainant is produced, wherein she has stated that she has no grievance against any of the petitioners and the FIR was filed due to misunderstanding which has been sorted out. It is also stated that the application for quashing the FIR may be allowed.
4. In the facts and circumstances and in view of the guidelines laid down by the Hon'ble Apex Court in the case of Madan Mohan Abbot v. State of Punjab, reported in (2008) 4 SCC 582, wherein it has been observed that where the dispute is of a private nature and the parties have arrived at an amicable settlement, a pragmatic approach may be made by accepting the terms of the compromise. Further, the Hon'ble Apex Court in a judgment in the case of Shiji @ Pappu v. Radhika, reported in AIR 2012 SC 499, has also made observations that if the parties have sorted out their misunderstanding and if the continuation of proceedings would remain an empty formality, then the FIR may be quashed.
5. The present application, therefore, stands allowed. The prayer in terms of para 6 A is granted. The FIR being C.R. No. I-634/2008 registered with Rajkot Taluka Police Station is hereby quashed and set aside. Rule is made absolute.
(Rajesh H. Shukla, J.) (hn) Top