Mr.N.D.Buch, learned advocate for the applicant and Mr.Mahendra Vora, learned advocate for the respondent no.2-original complainant submit that the parties have settled the matter and in support thereof an affidavit of the respondent no.2-original complainant is tendered for perusal, which shall be retained on record.
It is further submitted that considering the F.I.R. lodged by the respondent no.2-original complainant, it pertains to various offences punishable under Sections 465, 466, 467, 468, 471, 406 and 120(B) of the Indian Penal Code and the dispute between the parties was personal and private in nature. The applicant and the respondent no.2 have personally remained present in this Court and they admit the settlement.
In above view of the matter and more particularly, considering the affidavit of the respondent no.2-original-complainant, it transpires that the matter is settled between the parties and the respondent no.2- original complainant has no objection, if the impugned F.I.R. is quashed qua the applicant.
Under such circumstances, no useful purpose would be served to proceed further with the F.I.R. and the F.I.R., therefore, deserves to be quashed qua the applicant.
For the foregoing reasons, the application is allowed and the F.I.R. being C.R.No.I-42 of 2008 registered with Suigam Police Station stands quashed and set-aside qua the applicant. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top