Rule.
Learned A.P.P., Mr.H.L. Jani for the respondent no.1-State of Gujarat and learned counsel, Mr.P.M. Lakhani for the respondent no.2-complainant.
The present application has been filed by the applicants-accused under Section 482 of the Criminal Procedure Code for quashing of the FIR being C.R.No.I-37/2012 registered with Vasho Police Station, District : Kheda on the grounds stated in the application.
Learned counsel, Mr.Sharma for the applicants and learned counsel, Mr.P.M. Lakhani for the respondent no.2-complainant have submitted that the parties have amicably settled the dispute, for which, the affidavit of the complainant is also placed on record stating that the incident has occurred in a heat of moment and, thereafter, the compromise has been arrived and he has no objection if the FIR is set aside. The complainant is also present, who has been identified by learned counsel, Mr.Lakhani and the brother of the original accused is also present and has also confirmed about having arrived at compromise.
Therefore, in view of the facts and circumstances and also in light of the guidelines laid down by the Hon'ble Apex Court in a judgment in case Shiji @ Pappu & Ors. Vs. Radhika & Anr., reported in AIR 2012 SC 499, wherein it has been observed that if the parties have arrived at compromise and if the continuation of the proceeding would remain an empty formality, FIR may be quashed. Therefore, considering the facts and circumstances and also the above observations, the present application deserves to be allowed.
In the circumstances, the present application stands allowed in terms of Para No.15(a). The FIR being C.R.No.I-37/2012 registered with Vasho Police Station, District : Kheda is hereby quashed and and set aside.
Rule is made absolute. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top