1. Heard Learned A.P.P., Mr.H.L.Jani for respondent no.1-State of Gujarat, learned advocate Mr.Mahesh Poojara for learned Advocate Mr.Ashish Dagli for the applicant and learned advocate Mr.Kaushal Pandya for Respondent No.2-Original Complainant.
2. The present application has been filed by the applicant-original accused under Section 482 of the Criminal Procedure Code,1973 for the prayer that FIR being C.R.No.II-14/2010 registered with Vaso Police Station, Kheda, may be quashed and set aside, on the grounds stated in the application.
3. Learned counsel Mr.Mahesh Poojara for the applicant has stated that the parties have amicably settled the dispute, which is confirmed by learned counsel Mr.Kaushal Pandya for Respondent No.2-original complainant, for which the respondent complainant has placed on record the agreement/writing stating that the disputes differences and issues had arisen between the parties, which lead to filing of the FIR and subsequently, due to intervention of persons known to both the sides it has been sorted out and has no objection, if the FIR is quashed and set aside. Both counsel have therefore stated that FIR may be quashed.
4. In the circumstances, considering the guidelines laid down by the Hon'ble Apex Court including the the observation made by the Hon'ble Apex Court in a judgment in case of Madan Mohan Abbot V/s State of Punjab reported in (2008) 4 SCC 582, wherein it has been observed that if the parties have arrived at settlement and the continuation of the proceedings would be futile exercise then the FIR may be quashed. Therefore, considering the facts and circumstances of the present case, the application deserves to be allowed.
5. In the circumstances, the present application stands allowed in terms of Para No.16(B). The FIR being C.R.No.II-14/2010 registered with Vaso Police Station, Kheda is hereby quashed and and set aside. Rule is made absolute. Direct service is permitted.
(RAJESH H. SHUKLA, J.) mehul Top