1. Rule.
Learned advocate Mr.Darshan Dave waives service of notice of Rule for respondent no.1-original complainant and learned APP Mr. H. L. Jani waives service of notice of Rule for respondent no.2-State.
2. The present application has been filed by the applicants under Section-482 of the Criminal Procedure Code, 1973 with a prayer that FIR being CR No.-I-10 of 2012 registered with Pandesara Police Station, District-Surat may be quashed and set aside.
3. Heard learned advocate Mr.B.C.Dave appearing for the applicants, learned advocate Mr.Darshan Dave appearing for respondent no.1-original complainant and learned APP Mr. Jani appearing for respondent no.2-State.
4. Learned advocate Mr.B.C.Dave appearing for the applicants and learned advocate Mr.Darshan Dave appearing for respondent no.1-original complainant have stated that parties have arrived at amicable settlement for which the affidavit is also produced on record and therefore, the FIR being CR No.-I-10 of 2012 registered with Pandesara Police Station, District-Surat may be quashed and set aside.
5. Learned advocate Mr. B. C. Dave has also referred to and rely upon the judgment of the Hon'ble Apex Court in the case of Shiji @ Pappu v. Radhika reported in AIR 2012 SC 499:2011 (10) SCC 705 and submitted that in view of the said judgment, if the misunderstanding or misconception has been sorted out, and if it is a futile exercise and empty formality, then the FIR may be quashed and set aside.
6. In view of the facts and circumstances of the case and above cited decision as well as decision rendered in the case of Madan Mohan Abbot vs. State of Punjab reported in 2008 (4) SCC 582, present application deserves to be allowed.
7. In view of above, prayer in terms of para-7(B) of the application is granted. The FIR being CR No.-I-10 of 2012 registered with Pandesara Police Station, District-Surat is quashed and set aside. Rule is made absolute. Direct service is permitted.
(RAJESH H. SHUKLA, J.) (ila) Top