1 Rule.
Service is waived. Upon joint request made by the learned advocates for the parties, this matter is taken up for final disposal.
2 This application under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] is filed by the applicants to quash the FIR being C.R. No.I-4 of 2012 registered with Suigam Police Station, Dist: Banaskantha for the offences punishable under Sections 498A, 323, 406, 342, 504, 506(2) and 114 of the Indian Penal Code.
3 Heard the learned advocates for the parties.
4 It is jointly submitted that the dispute arises out of matrimonial relationship and, due to misunderstanding and misconception at the relevant point of time, the complainant, who is present in the Court, had filed the FIR impugned in this application, but, now an amicable settlement is arrived at due to intervention of elderly members of the family and community and the complainant resides with her in-laws and, according to her, she has no grievances against any of the applicants/in-laws. The complainant has filed affidavit dated 9.4.2012 in this behalf, which is ordered to be taken on record. In view of the above, it is jointly prayed that interest of justice would be served if the impugned complaint is quashed by this Court.
5 Considering the overall facts and circumstances of the case and the dispute being matrimonial in nature, keeping in mind the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana, (2003) 4 SCC 675, and Nikhil Merchant vs. CBI, reported in (2008) 9 SCC 677, and since the parties have arrived at an amicable settlement, in my view, relegating the applicants to undergo the rigors of trial is not just and proper. Hence, a case is made out to exercise powers under Section 482 of the Code to secure ends of justice and, accordingly, the impugned complaint is quashed and set aside. The application is allowed to the aforesaid extent. Rule is made absolute. Direct service is permitted.
(ANANT S. DAVE, J.) (swamy) Top