1. Rule.
Learned Advocate Mr.A. A. Ansari for the applicant, learned A.P.P., Mr.L.B. Dabhi for respondent no.1-State of Gujarat and learned counsel Mr.Wasimakram M. Pathan for respondent No.2-original complainant.
2. The present application has been filed by the applicant-original accused under Section 482 of the Criminal Procedure Code for quashing of the FIR being C.R.No.I-59/2012 registered with Sharkhej Police Station, Ahmedabad, on the grounds stated in the application.
3. Heard learned counsel appearing for the respective parties.
4. Learned counsel, Mr.A. A. Ansari has stated that the parties have amicably settled the dispute, which is confirmed by learned counsel, Mr.Pathan, and the affidavit of the Respondent No.2 -original complainant is placed on record stating that he is realised that accused was not alone responsible and he has filed this complainant under misunderstanding, which has been cleared and issues have been settled. Both counsel have therefore stated that FIR may be quashed.
5. In the circumstances, 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 of Madan Mohan Abbot V/s State of Punjab reported in (2008) 4 SCC 582, as well as 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 parties have arrived at settlement and the continuation of the proceedings would be futile exercise then the FIR may be quashed. Therefore, the present application deserves to be allowed.
6. In the circumstances, the present petition stands allowed in terms of Para No.6(B). The FIR being C.R.No.I-59/2012 registered with Sharkhej Police Station is hereby quashed and and set aside.
7. Rule is made absolute. Direct service is permitted.
(RAJESH H. SHUKLA, J.) mehul Top