1 Rule.
Service is waived. Upon the 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-14 of 2012 registered with Salabatpura Police Station, Surat, for the offences punishable under Sections 465, 466, 467, 468, 470, 471, 201, 420, 120B of the Indian Penal Code.
3 Heard the learned advocates for the parties.
4 At the outset, it is recorded that the proceeding pending before the Competent Authority, namely, District Collector, Surat, arising out of the subject matter, may be considered and decided in accordance with law. Further, the dispute in the backdrop of erecting a gate on the disputed plot pertaining to the subject matter of the complaint is now amicably settled and now no dispute remains between the parties. It is jointly submitted that the applicants as well as the complainant have access over the disputed plot, but, at the same time, the applications have been filed and proper proceedings have been initiated before the Competent Authority for remedial measures and necessary record is produced with this application.
5 Considering the nature of allegations levelled against the applicants and in view of the fact that now the applicants have restored status-quo ante with regard to the disputed plot in question and the gate is removed and further remedial measures have already been taken before the Competent Authority to remove alleged entries, at this stage, to secure ends of justice, I am inclined to quash the impugned complaint, keeping it open for the Competent Authority to take a decision in accordance with law on the communication dated 27.1.2012 addressed by the City Survey Superintendent to the District Collector, Surat.
Accordingly, the impugned FIR being C.R. No.I-14 of 2012 registered with Salabatpura Police Station, Surat, 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