1. Rule.
Learned A.P.P., Mr.H.L. Jani waives service of notice of Rule for respondent no.1-State of Gujarat and learned advocate Mr.D.K. Chaudhari waives service of notice of Rule 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.I-63/2011 registered with Thangadh Police Station, Surendranagar, and the Charge-sheet filed may be quashed and set aside, on the grounds stated in the application.
3. Heard learned counsel appearing for the respective parties.
4. Learned counsel, Mr.Y.J. Patel has stated that the parties have amicably settled the dispute, which is confirmed by learned counsel, Mr.D.K. Chaudhri. Parties are present in the Court and confirmed the same. Both the learned advocates have stated that the parties have settled the dispute for which the affidavit of Respondent No.2-original complainant was placed on record at Annexure-B to this application stating that she had lodged the FIR due to some misunderstanding on her part and also spur of moment and she has no objection, if the FIR and the Charge-sheet are quashed and set aside. Affidavits of others, who had sustained damages in the incident have also produced on record stating that they have received compensation for the damages. Both counsel have therefore stated that FIR may be quashed.
5. 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 Shiji @ Pappu & Ors. Vs. Radhika & Anr., reported in AIR 2012 SC 499, 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.
6. In the circumstances, the present application stands allowed in terms of Para No.10(A). The FIR being C.R.No.I-63/2011 registered with Thangadh Police Station, Surendranagar and the Charge-sheet filed pursuant to the FIR are hereby quashed and and set aside.
7. Rule is made absolute. Direct service is permitted.
(RAJESH H. SHUKLA, J.) mehul Top