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Selabhai vs State

High Court Of Gujarat|09 July, 2012
Learned A.P.P., Mr.H.L. Jani for the respondent-State of Gujarat.
The present application has been filed by the original complainant (the applicant no.1) and original accused (the applicant nos.2 to 10) jointly under Section 482 of the Criminal Procedure Code for quashing of the FIR being C.R.No.I-9/2012 registered with Limbasi Police Station on the grounds stated in the application.
Heard learned counsel appearing for the respective parties.
Learned counsel, Mr.Vijay Patel appearing for HL Patel Advocates submitted that both sides belong to the same community and have arrived at a compromise/settlement, which is produced on record stating that they have sorted out the misunderstanding and, therefore, if the present FIR is quashed, the complainant has no objection. Mr.Patel has submitted that the Investigating Officer has made report to the Court of the Magistrate that the offence under Section 307 of the Indian Penal Code may be proposed to be deleted and copy of said report is placed on record.
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 Madan Mohan Abbot V/s State of Punjab reported in (2008) 4 SCC 582, as well as in a judgment in case Shiji @ Pappu & Ors. Vs. Radhika & Anr., reported in AIR 2012 SC 499, the present application deserves to be allowed when the parties have arrived at amicable settlement.
In the circumstances, the present petition stands allowed in terms of Para No.16(a). The FIR being C.R.No.I-9/2012 registered with Limbasi Police Station is hereby quashed and and set aside.
Rule is made absolute. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top
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Selabhai vs State


High Court Of Gujarat

09 July, 2012