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 applicants to quash the FIR being C.R. No.I-138 of 2010 registered with Gujarat University Station for the offences punishable under Sections 406, 408, 420, 467, 468, 471 and 120B of the Indian Penal Code.
3 Heard the learned advocates for the parties.
4 It is jointly submitted that, during pendency of the application, considering the relationship between the accused and complainant, finally, the accused had paid full amount of Rs.19,00,985/- and, in this regard, the complainant filed agreement-cum-affidavit dated 15.3.2012 stating that the dispute between them does not survive and the complainant has no objection if the impugned complaint is quashed. 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 aspects of the matter and the allegations levelled about non-payment of the amount by the accused along with printing of certain duplicate receipts, etc. and in view of 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 the applicants 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, along with charge-sheet and further proceedings, 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