Mr.AM Dagli, learned advocate for the applicant and Ms.Amrita Ajmera, learned advocate for respondent No.2 - original complainant submitted that the matter has been amicably settled between the parties and in support thereof, Ms.Ajmera, learned advocate for respondent No.2 - original complainant tendered for my perusal, affidavit of respondent No.2 - original complainant along with an annexure, wherein it is stated that the matter is settled and the respondent No.2 - original complainant has no objection if the FIR is quashed qua the present petitioner. The said affidavit, with annexure, shall be retained on record. Learned counsel representing both the parties submitted that even on the same line, a compromise was arrived at in a civil suit, copy of the said settlement deed is annexed with the affidavit of respondent No.2. It is further submitted that perusing the FIR, Annexure-A, it is clear that the dispute involved in the FIR is personal and private in nature.
Having considered the submissions advanced on behalf of both the sides, so also considering the affidavit of respondent No.2 - original complainant and the annexure therewith as well as considering the FIR, it transpires that it pertains to the offences committed u/ss.406, 420, 465 etc. of the IPC and the dispute was personal and private in nature and the same has been now settled between the parties to this petition. In above view of the matter, this Court is of the opinion that no useful purpose would be now served, if the FIR is ordered to be proceeded further qua the petitioner.
For the foregoing reasons, the petition is allowed and the FIR being C.R.No.I-42 of 2011 registered with Morbi Taluka police station, is hereby quashed and set-aside qua the petitioner. D.s permitted.
(J.C.UPADHYAYA, J.) (binoy) Top