Rule.
Learned APP Mr. HL Jani waive service of rule for respondent No.1-State.
2. The present application has been filed by the applicants under sec. 482 of CrPC for quashing the FIR registered as M. Case No. 26/2003 with Vallabhvidyanagar Police Station on the grounds stated in the application.
3. Learned advocate Mr. D.M. Thakkar states that an amicable settlement has been arrived at and the affidavit of the Manager and authorised person of Karamsad Urban Co-operative Bank Shri Ashwin Vyas is filed. Shri Ashwin Vyas, Manager of the Bank, is present and has confirmed about having arrived at the settlement and the statement in the affidavit.
4. Therefore, in the fact sand circumstances and in view of the affidavit stating that the settlement has been arrived at and the outstanding dues of the bank have been paid, the present application deserves to be allowed in light of the guidelines laid down by the Hon'ble Apex Court in the judgments in the case of Madan Mohan Abbot v. State of Punjab, reported in (2008) 4 SCC 582, as well as in the case of Shiji @ Pappu v. Radhika, reported in AIR 2012 SC 499 where it has been observed that if it is a futile exercise and no purpose could be served, the discretion under sec. 482 of CrPC could be justified.
5. Therefore, the present application deserves to be allowed and accordingly stands allowed. The prayer in terms of para 7(B) is granted. The FIR registered as M. Case No. 26/2003 with Vallabhvidyanagar Police Station is hereby quashed and set aside. Rule is made absolute. D.S. Permitted.
(Rajesh H. Shukla, J.) (hn) Top