Rule. Ms.KD Pandey, learned advocate appears and waives service of rule for respondent No.2 and Mr.Raval, learned APP appears and waives service of rule for respondent No.1 - State in both these matters.
As it is submitted that the dispute is amicably settled between the parties and as requested by learned counsel representing both the parties, these matters are taken up for final disposal.
Mr.BS Patel, learned advocate for the applicants and Ms.KD Pandey, learned advocate for the respondent No.2 - original complainant in both these matters submitted that the dispute is settled between the parties, and in support thereof, my attention was drawn to the affidavit-in-reply filed by respondent No.2 - original complainant in both these matters. Respondent No.2 - original complainant has remained present and he admits that the dispute being settled between the parties and admits the contents of his affidavit-in-reply.
So far as Criminal Misc.Application No.5075 of 2011 is concerned, relying upon the affidavit-in-reply filed by respondent No.2 - original complainant, it has been submitted that the entire amount of loan, together with interest has been paid-up and my attention was also drawn to a certificate, Annexure-E in support thereof. In the affidavit-in-reply filed by respondent No.2, it is, therefore, submitted on oath that the Criminal Case being No.6594 of 2009, which is pending in the Court of learned Chief Judicial Magistrate, Mehsana be quashed and set-aside.
In Criminal Misc.Application No.5077 of 2011, my attention was drawn to the affidavit-in-reply filed by respondent No.2 - original complainant, wherein it has been stated that the applicants have paid the principal amount, and regarding interest created thereon, the execution proceedings are already pending in the Court of learned Civil Judge (S.D.), Mehsana and as the prinipal amount is paid and the property is mortgaged with the society as security towards the loan amount, and even otherwise also, the guarantors agreed to pay the outstanding interest amount due towards the society, if principal borrower failed in making the payment of the interest amount and, therefore, if the present Criminal Case being No.6593 of 2009 pending in the Court of learned C.J.M., Mehsana is quashed and set-aside, there would be no harm and loss to the society, as civil proceedings are pending.
In above view of the matter, on behalf of both the parties, it has been submitted that since the dispute is settled between the parties, it would not be in the interest of justice to proceed further with both these criminal cases pending before the trial Court. It further transpires that in both the cases, chargesheets came to be filed regarding the offences punishable u/ss.120B, 463, 464, 465, 406 etc. of IPC and considering the chargesheets, it transpires that the dispute between the parties was private and personal in nature.
In the result, this Court is of the opinion that as consented by respondent No.2 - original complainant and as per the averments made by him in his affidavit-in-reply in both these matters, both these matters deserve to be allowed.
For the foregoing reasons, both these Criminal Misc.Applications are allowed and the criminal cases being Criminal Case Nos.6593 of 2009 and Criminal Case No.6594 of 2009, both the cases pending in the Court of learned Chief Judicial Magistrate, Mehsana, are quashed and set-aside qua the applicants.
Rule is made absolute.
(J.C.UPADHYAYA, J.) (binoy) Top