Rule.
Learned APP Ms. Archana Raval waives service of Rule for Respondent No.1-State of Gujarat and learned Advocate Mr. Shakeel A. Qureshi waives service for Respondent No.2-Original Complainant.
The present Petition has been filed by the Petitioner under Article 227 of the Constitution of India as well as under Section 482 of the Criminal Procedure Code for quashing the FIR being I-CR No.71 of 2011 registered with Dakor Police Station on the grounds stated in the Application.
Learned Advocate Mr. C.R.Abichandani for the Petitioner as well as learned Advocate Mr. Shakeel A. Qureshi for Respondent No.2-Original Complainant have stated that the parties have amicably settled the dispute, for which the writing is executed and produced at Annexure-B stating that they have sorted out the dispute with regard to the land in question as narrated in detail in the writing. Therefore, it is stated that the Respondent No.2 - Original Complainant has no grievance if the FIR is quashed and set aside. The Respondent No.2-Original Complainant is present in the Court who is identified by learned Advocate Mr. Shakeel A. Qureshi and confirmed about the settlement having been arrived at.
Therefore, in view of the facts and circumstances and also in view of the guidelines laid down by the Hon'ble Apex Court in case of Shiji alias Pappu and Ors. v. Radhika and Anr., AIR 2012 SC 499, wherein it has been observed that, if the misunderstanding is sorted out and the continuation of the proceedings would be an empty formality, the FIR may be quashed. Similarly, in case of Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582, the Hon'ble Apex Court has also observed that when the dispute is of private nature and the parties have amicably settled, then the FIR could be quashed.
In the facts and circumstances as well as the aforesaid guidelines, the present Petition deserves to be allowed. The prayer in terms of paragraph 6(B) deserves to be granted. The FIR being I-CR No.71 of 2011 registered with Dakor Police Station is hereby quashed and set aside. Rule is made absolute.
(Rajesh H. Shukla,J) Jayanti* Top