Both the learned counsel representing the parties submitted that the matter is settled and in token thereof, Mr. Pratik Jasani, Ld. Advocate representing respondent no. 2 - original complainant, presented the affidavit of respondent no. 2 disclosing his intention that the matter is settled and he is not pressing the FIR.
2. It is jointly submitted that subjecting the petitioner to the rigour of trial would result into undue hardship and considering the nature of allegations and dispute it is desirable that impugned complaint and other proceedings pursuant to the said complaint be quashed and set aside. Learned advocate for the petitioner has relied on the decision of the Apex Court in the cases of; [I] Nikhil Merchant v. Central Bureau of Investigation and another, [2008]9 SCC 677 and [ii] Madan Mohan Abbot v. State of Punjab, [2008]4 SCC 582.
3. Heard learned advocates for the private parties and learned APP for the respondent - State of Gujarat and perused the record of the case.
4. In the case of Nikhil Merchant v. Central Bureau of Investigation and another, [2008]9 SCC 677, the Apex Court has held that when a compromise has been arrived at between the parties, by which the parties have withdrawn all claims and allegations against each other, technicality should not be allowed to stand in the way in quashing the criminal proceedings since the same would be a futile exercise. In the facts of the said case also, the offences alleged were similar in nature.
5. In the case of Madan Mohan Abbot v. State of Punjab, [2008]4 SCC 582, the Apex Court has made the following observations:
[6] We need to emphasis that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and benefit of the technicalities of the law".
6. Considering the fact that the dispute is now amicably settled between the parties and the complainant has filed affidavit stating that he has no objection if the impugned complaint is quashed and considering the law laid down by the Apex Court in the cases of [i] Nikhil Merchant [supra] and [ii] Madan Mohan Abbot [supra], I am inclined to exercise powers under section 482 of the Code of Criminal Procedure, 1973 in favour of the petitioners. Accordingly, the impugned complaint and proceedings pursuant thereto are hereby quashed and set aside.
The petition is allowed to the aforesaid extent only.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top