1. With the consent of the parties, the matter is taken up for final hearing today.
2. Mr.Hardeep Mahida, learned advocate shall file his appearance on behalf of the original complainant.
Rule.
Mr.R.C.Kodekar, learned Additional Public Prosecutor waives service of notice of Rule on behalf respondent No.1 - State of Gujarat and Mr.Hardeep Mahida, learned advocate waives service of notice of Rule on behalf of respondent No.2 - original complainant.
3. By way of the present application under Section 482 of the Code of Criminal Procedure, the applicants have prayed to quash the FIR being C.R.No.II- 3111 of 2013 lodged with Adipur Police Station, for the offences punishable under Sections 323, 504, 506(2) & 114 of the Indian Penal Code and Section 3(1)(10) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989.
4. Mr.Hardeep Mahida, learned advocate appearing on behalf of the original complainant has identified original complainant, who is present in the Court and who has filed Affidavit dated 26/09/2013, which is taken on the record. It appears from the Affidavit that compromise has been arrived at between the parties and original complainant has no objection if the impugned FIR is quashed.
It is the case of applicants that now there is no dispute between the applicants and original complainant.
5. It appears that the applicants and respondent No.2 original complainant have jointly arrived at compromise and the original complainant has no grievance against the applicants and the matter is amicably settled between the parties.
6. Mr.Nikhil Kariel, learned advocate appearing for the applicants placed reliance on the decision of the Hon ble Apex Court in case of Gian Singh versus State of Punjab & Anr. reported in 2012(10)SCC 303 and submitted that since the matter is settled and dispute is of civil nature and it is settled between the parties, there is no need to proceed further with the trial.
Considering the overall facts and circumstances of the case and the dispute between the parties, the present application can be considered and the application is allowed. The FIR being C.R.No.II- 3111 of 2013 lodged with Adipur Police Station, for the offences punishable under Sections 323, 504, 506(2) & 114 of the Indian Penal Code and Section 3(1)(10) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, is hereby quashed and set aside qua the present applicants only. Rule is made absolute accordingly.
Direct service is permitted.
[A.J.DESAI, J.] *dipti Page 3 of 3