1 Rule.
Service is waived. Upon 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 applicant to quash the FIR being C.R. No.I-37 of 2012 registered with Dwarka Police Station, for the offences punishable under Sections 365, 323, 143, 147 and 149 of the Indian Penal Code.
3 Heard the learned advocates for the parties.
4 In the memo of the application as well as in the affidavit dated 4.5.2012 filed by respondent No.2, original complainant, which is ordered to be taken on record, it is stated that, due to intervention of the elderly members of the community, the dispute between the parties is amicably settled and the complainant has no objection if the complaint impugned is quashed and set aside. Therefore, 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 in absence of any antecedents, and since the parties have arrived at an amicable settlement, keeping in mind 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, in my view, relegating the applicant 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 to secure ends of justice and, accordingly, the impugned complaint is quashed and set aside. The application is allowed to the aforesaid extent. Rule is made absolute. Direct service is permitted.
(ANANT S. DAVE, J.) (swamy) Top