1 Upon the joint request made by the learned advocates for the parties, this matter is taken up for final disposal.
2 This application under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] is filed by the applicants to quash the FIR being C.R. No.I-256 of 2006 registered with Limbayat Police Station, Surat, for the offences punishable under Sections 406, 420 read with 114 of the Indian Penal Code.
3 Heard the learned advocates for the parties.
4 In the memo of the application as well as the affidavit dated 10.1.2012 filed by respondent No.2, original complainant, which is ordered to be taken on record, it is stated that the dispute is arising out of commercial transaction and the pending dues now stand settled as per the terms of the understanding arrived at between the parties and no further claim remains to be adjudicated and it is jointly prayed that interest of justice would be served if the impugned complaint is quashed by this Court.
5 Considering the overall facts and circumstances of the case and the law laid down by the Apex Court in the cases of K. Gyansagar vs. Ganesh Gupta & another, reported in (2005) 7 SCC 54, Jagdish Chanana and others vs. State of Haryana and another, (2008) 15 SCC 704, and Madan Mohan Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, and since the parties have arrived at an amicable settlement, in my view, relegating them to undergo the rigors of trial is not just and proper.
Hence, a case is made out to exercise powers under Section 482 of the Code and, accordingly, the impugned complaint is quashed and set aside. The application is allowed to the aforesaid extent. Direct service is permitted.
(ANANT S. DAVE, J.) (swamy) Top