Rule.
Learned A.P.P., Mr.H.L. Jani for the respondent no.2-State of Gujarat.
The present application has been filed by the applicant-accused under Section 482 of the Criminal Procedure Code for quashing of the FIR being C.R.No.I-68/2012 registered for the alleged offences with Amraiwadi Police Station on the grounds stated in the application.
Heard learned counsel appearing for the respective parties. The respondent no.1-original complainant is present in the Court, who has been identified by learned counsel, Mr.Nirav Thakkar for the applicants and has filed an affidavit, which is produced on record.
As could be seen from the affidavit of the original complainant, the complainant has stated that he has agreed in view of the settlement arrived at between the parties not to proceed any further. He has also stated that he has no objection if the FIR is quashed.
In the circumstances and considering the facts circumstances and also considering the guidelines laid down by the Hon'ble Apex Court including the the observation made by the Hon'ble Apex Court 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 dispute is of private nature and if the parties have settled, FIR may be quashed. Therefore, the present application deserves to be allowed.
In the circumstances, the present petition stands allowed in terms of Para No.8a. The FIR being C.R.No.I-68/2012 registered with Amraiwadi Police Station is hereby quashed and and set aside.
Rule is made absolute. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top