1. The present application u/s.482 of the Code of Criminal Procedure has been preferred by the applicant herein – original accused, to quash and set aside the impugned complaint being Criminal Case No.900 of 2009 pending in the Court of learned Judicial Magistrate, First Class, Khambhatt filed by respondent No.2 herein – original complainant for the offences punishable under Sections 323, 504 and 506(1) of the Indian Penal Code.
2. Today when the present application is taken up for final hearing, Mr.Premal Rachh, learned advocate appearing on behalf of the applicant has vehemently submitted that as such the parties have settled the dispute amicably and respondent No.2 herein – original complainant, who is personally present in the Court is not desirous of prosecuting the applicant for which the impugned complaint has been filed. It is submitted that in view of the settlement between the parties, even the complaint lodged by the complainant under the provision of Section 138 of the Negotiable Instruments Act has been withdrawn. It is submitted that respondent No.2 is personally present, who is identified by him and Affidavit affirmed by respondent No.2 confirming the above and submitting that he has no objection, if the impugned complaint/Criminal Case is quashed and set aside in view of the amicable settlement between the parties.
3. Mr.Premal Rachh, learned advocate appearing on behalf of the applicant herein has relied upon the decisions of the Hon'ble Supreme Court in the case of Madan Mohan Abbot V/s. State of Punjab reported in 2008(4) SCC 582; in the case of Nikhil Merchant V/s. Central Bureau of Investigation and another reported in 2009(1) GLH 31 as well as in the case of Manoj Sharma V/s. State and others reported in 2009(1) GLH 190.
4. Having heard Mr.Premal Rachh, learned advocate appearing on behalf of the applicant herein and respondent No.2 – original complainant, who is personally present in the Court as his advocate has not came to the Court and Affidavit affirmed by respondent No.2 herein – original complainant is placed on record submitting that he has no objection, if the impugned complaint is quashed and set aside in view of the amicable settlement arrived at between the applicant herein and respondent No.2 herein and considering the aforesaid facts and circumstances of the case and as the parties have amicably settled the dispute and considering the aforesaid decisions of the Hon'ble Supreme Court, it appears that to continue criminal proceedings against the applicant herein – original accused would be unnecessary harassment to the applicant and the same shall not be in the interest of the parties and therefore, the impugned complaint/criminal case is required to be quashed and set aside in exercise of powers u/s.482 of the Code of Criminal Procedure.
5. In view of the above and for the reasons stated hereinabove, the impugned complaint being Criminal Case No.900 of 2009 pending in the Court of learned Judicial Magistrate, First Class, Khambhatt filed by respondent No.2 herein – original complainant is hereby quashed and set aside. Consequently, proceedings arising out of the aforesaid criminal case, if any, are also terminated. Rule is made absolute accordingly.
[M.R.SHAH,J] *dipti