Rule.
Learned A.P.P., Mr.H.L. Jani for the respondent no.1-State of Gujarat and learned counsel, Mr.Shrikar Bhatt for the respondent no.2-complainant.
Both counsel appearing for the respective parties have stated that the parties have arrived at amicable settlement, for which, the affidavit has been filed stating that if the FIR is quashed, the complainant has no objection.
In the circumstances, considering the guidelines laid down by the Hon'ble Apex Court including the the observation made by the Hon'ble Apex Court in a judgment in case Shiji @ Pappu & Ors. Vs. Radhika & Anr., reported in AIR 2012 SC 499, wherein it has been observed that if the misunderstanding is sorted out and if continuation of the proceedings is an empty formality, FIR may be quashed. Similarly, the Hon'ble Apex Court in a judgment in case of Madan Mohan Abbot V/s State of Punjab reported in (2008) 4 SCC 582 has made observations that if the parties have arrived at settlement; the dispute is of private nature and if the proceedings are not likely to result in any conviction then the FIR may be quashed.
In the circumstances, the present petition stands allowed in terms of Para No.16(A). The FIR being C.R.No.I-47/2012 registered with Kalupur Police Station, Ahmedabad is hereby quashed and and set aside.
Rule is made absolute. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top