(1) Heard Mr.Chirag Parekh, learned advocate for the applicant, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1-State and Mr.Balvantsinh Solanki, learned advocate for respondent Nos.2 and 3.
(2) By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code), the applicant has prayed for quashing of F.I.R. being C.R. No.I-536 of 2012 registered at Odhav Police Station, Dist. Ahmedabad for the offences under Sections 365, 506(2) and 114 of the Indian Penal Code, 1860 (the IPC).
(3) At the outset the learned advocates for the applicant as well as respondent Nos.2 and 3 have submitted that the parties have amicably resolved the dispute and have entered into a settlement. It is also stated that the allegations made in the impugned F.I.R. are made only because of minor dispute and misunderstanding between the parties.
(4) Mr.Chirag Parekh, learned advocate for the applicant, has taken this Court to the factual matrix arising out of the present application. Relying upon the samadhan-cum-samjuti karar i.e. compromise deed dated 04.10.2012 (at Annexure-B to the application), it is submitted that the parties have amicably resolved the dispute. Reliance is also placed upon the affidavit filed by respondent No.2-original informant dated 07.11.2012 wherein it is, inter alia, mentioned that after filing of the complaint now the dispute is amicably settled and now there is no ill-will and grievance between the parties. It is also mentioned that the as the dispute is amicably settled between the parties with the help of family members and relatives, this Court may terminate the proceedings against the applicant.
Learned advocate for the applicant has further submitted that any further continuation of the proceedings pursuant to the impugned F.I.R. shall amount to harassment to the applicant and in view of the settlement arrived at between the parties trial would be futile and the same would also amount to abuse of process of law and court and, therefore, it is submitted that in order to secure the ends of justice, this Court may exercise its inherent jurisdiction under Section 482 of the Code and quash the impugned F.I.R. as well as all consequential proceedings arising out of the impugned F.I.R.
(5) Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1-State, candidly submits that as the dispute between the parties have amicably resolved, this Court may pass appropriate orders.
(6) Mr.Balvantsinh Solanki, learned advocate for respondent Nos.2 and 3, has reiterated the contentions raised by the learned advocate for the applicant. It is further submitted that respondent Nos.2 and 3 are personally present in the court, who are identified by the learned advocate for respondent Nos.2 and 3.
On enquiry by this Court, respondent Nos.2 and 3 state that the parties have amicably settled the dispute, and an affidavit to that effect is also placed on record of the present proceedings and, therefore, it is submitted that they do not want to proceed further with the matter in connection with the impugned F.I.R.
(7) Having heard the learned advocates appearing on behalf of the respective parties, considering the facts and circumstances arising out of the present application as well as considering the ratio of decisions rendered in the cases of Dimpey Gujral & Ors. Vs. Union Territory, Through Administrator, U.T.Chandigarh and Ors., AIR 2013 SC 518, Gian Singh Vs. State of Punjab & Anr., (2012) 10 S.C.C. 303, Madan Mohan Abbot Vs. State of Punjab, 2008(4) S.C.C. 582, Nikhil Merchant V/s. Central Bureau of Investigation & Anr., 2009(1) GLH 31 as well as in the case of Manoj Sharma Vs. State & Ors., 2009(1) GLH 190, it appears that further continuation of criminal proceedings in relation to the impugned F.I.R. against the applicant-original accused would be unnecessary harassment to the applicant and would amount to abuse of process of law and court and hence, to secure the ends of justice, the impugned F.I.R. is required to be quashed in exercise of power under Section 482 of the Code.
(8) For the reasons stated hereinabove, the present application is allowed. Impugned F.I.R. being C.R. No.I-536 of 2012 registered at Odhav Police Station, Dist. Ahmedabad as well as all other consequential proceedings arising out of the said F.I.R are hereby quashed and set aside.
(9) Rule is made absolute to the aforesaid extent.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Page 5 of 5