Rule.
Service of rule is waived by learned APP Mr. HL Jani for respondent No. 1-State and learned advocate Mr. Ashish Dagli for respondent No.
2.
2. The present petition has been filed by the petitioners under Art. 226 of the Constitution of India and also under sec. 482 of the Code of Criminal Procedure for the prayer that the FIR being C.R. No. I-199/2009 registered with Gorva Police Station and also Criminal Case No. 3320/2010 registered in the court of Learned JMFC at Vadodara may be quashed and set aside on the grounds stated in the application.
3. Learned advocate Mr. Chaudhary for the petitioners and learned advocate Mr. Dagli for respondent No.2 original complainant have stated that in view of the settlement arrived at between the parties and the entire amount has been deposited for which the receipt is also produced, the present petition may be allowed.
4. Learned advocate Mr. Dagli states that he has no objection if the prayer for quashing the FIR is granted. However, learned advocate Mr. Jani was to verify whether the settlement is arrived at by a resolution of the co-operative society. Learned APP Mr. Jani has also confirmed, on instructions, that the society has accepted the settlement for which the report is also placed on record.
5. Therefore, in the facts and circumstances and in view of the guidelines laid down by the Hon'ble Apex Court in a judgment reported in AIR 2012 SC 499, wherein it has been observed that when the settlement has been arrived at and the criminal proceedings may remain an empty formality, then the FIR may be quashed.
6. Therefore, the present petition stands allowed. Prayer in terms of para 4(a) is granted. The FIR being C.R. No. I-199/2009 registered with Gorva Police Station and also Criminal Case No. 3320/2010 pending before the court of Learned JMFC at Vadodara are hereby quashed and set aside. Rule is made absolute. D.S. Permitted.
(Rajesh H. Shukla, J.) (hn) Top