Heard learned advocate Mr.B.C.Rupera for the learned advocate S.M.Chudasama for the applicant, Mr.Kuntal Joshi, learned advocate for the respondent no.2 and Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent-State.
Mr.Kuntal Joshi, learned advocate for the respondent no.2 submitted that the matter is amicably settled between the parties and in support thereof, affidavit of respondent no.2-original complainant is tendered for perusal, which shall be retained on record wherein it is stated that the matter is settled by the respondent no.2-original complainant with the applicant. It is further submitted that the bare perusal of the F.I.R would reveal that the dispute stated in the F.I.R. is private and personal in nature and the same is now settled.
In the above view of the matter, when the dispute is settled between the parties and the F.I.R. reveals that the dispute was personal and private in nature between the parties now no useful purpose would be served to proceed further with the F.I.R.
For the foregoing reasons, application is allowed and the F.I.R. being I-C.R.No.184 of 2011 filed by the respondent no.2 before Jamnagar City "A" Division Police Station is quashed and set aside qua the applicant only. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top