1. Rule.
Learned A.P.P., Ms.Archana Raval waives service of notice of Rule for respondent no.1-State of Gujarat and learned advocate Mr.M.C. Barot 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 Article 14 and 226 as well as under Section 482 of the Criminal Procedure Code,1973 for the prayer that FIR being C.R.No.I-29/2011 registered with Lodhika Police Station, Rajkot, as well as Charge-sheet filed pursuant to the said complaint 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.P.M. Thakkar for learned Counsel Mr.S.P. Majumudar for the applicant has stated that the parties have amicably settled the dispute, which is confirmed by learned counsel Mr.M.C.Barot for Respondent No.2-original complainant, for which the respondent complainant has placed on record the affidavit stating that the disputes differences and issues had arisen between the parties regarding land transaction, which lead to filing of the FIR and subsequently, due to intervention of the family members and persons known to both the sides it has been sorted out and has no objection, if the FIR and the Charge-sheet are quashed and set aside. 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, as well as in a judgment 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 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.22(a). The FIR being C.R.No.I-29/2011 registered with Lodhika Police Station, Rajkot and the Charge-sheet filed pursuant thereto are hereby quashed and and set aside qua the applicant.
7. Rule is made absolute. Direct service is permitted.
(RAJESH H. SHUKLA, J.) mehul Top