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Kaushar vs State

High Court Of Gujarat|06 July, 2012

JUDGMENT / ORDER

Rule.
Service of rule is waived by learned APP Ms. Raval for respondent No.1-State and learned advocate Ms. Nisha Parikh for respondent No.2-original complainant.
2. The present application has been filed by the petitioners under sec. 482 of the Code of Criminal Procedure for quashing the FIR being C.R. No. II-109/2011 registered with Dahod Town Police Station, Dahod, on the grounds stated in the application.
3. Learned advocate Mr. Imran Pathan for the applicants and learned advocate Ms. Parikh for respondent No.2 original complainant have stated that the parties have amicably settled the dispute. Learned advocate Ms. Parikh has stated that the affidavit of respondent No.2 is filed stating the facts and also stating that they have agreed to see that all the litigation comes to an end.
4. Therefore, in the facts and circumstances in view of the observationis made by the Hon'ble Apex Court in the judgment reported in (2003) 4 SCC 675 referred to in the affidavit as well as the guidelines laid down in the judgment reported in (2008) 4 SCC 582 that when the dispute is of a private nature and the parties have arrived at an amicable settlement, the FIR deserves to be quashed.
5. Therefore, the application stands allowed. Prayer in terms of para 7(A) is granted. the FIR being C.R. No. II-109/2011 registered with Dahod Town Police Station, Dahod, is hereby quashed and set aside. Rule is made absolute.
(Rajesh H. Shukla, J.) (hn) Top
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Title

Kaushar vs State

Court

High Court Of Gujarat

JudgmentDate
06 July, 2012