1. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash and set aside the FIR being C.R. No.I-29 of 2012 registered with Lalpur Police Station, District: Jamnagar and in view of an amicable settlement and the affidavit dated 29.4.2012 filed by the complainant where the parties have arrived at an amicable settlement, the matter is taken up for final disposal.
2. It is the case of the applicant that in the capacity of President of Jivdaya Gauraksha Samiti which is also recognized as Animal Welfare Board of India received information on 11.4.2012 about cows being transported and taken away from village Pipli to other place and meanwhile scuffle took place between the parties and the applicant herein tried to intervene to resolve the dispute and the allegation came to be levelled but now neither the complainant nor the applicant have any grievance and cattles/live stock are returned to Panjrapole and further even on the part of complainant there was misunderstanding and FIR came to be registered. It is therefore, submitted that the complaint impugned be quashed and set aside in exercise of powers under Section 482 of the Code.
3. Considering all the above aspects and the nature of dispute between the parties, cause of the scuffle and an amicable settlement arrived at between the parties on oath that the complainant has no grievance if the impugned complaint is quashed and set aside and keeping in mind the law laid down in the case of Shiji @ Pappu & Ors. v. Radhika & Anr. [(2011) 10 SCC 705], a case is made out within parameters of law and appreciation as made out by the Apex Court in the above case and accordingly the complaint impugned is quashed and set aside in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973.
4. The application is allowed to the above extent. No costs.
5. Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top