Rule.
Learned A.P.P., Mr.H.L. Jani for the respondent no.1-State of Gujarat and learned counsel, Mr.Khanderiya 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-87/2009 registered with Vadodara Taluka Police Station on the grounds stated in the application.
Heard learned counsel appearing for the respective parties.
Learned counsel, Mr.H.A. Dave for the applicants and learned counsel, Mr.Khanderiya for the respondent no.2-original complainant have stated that the parties have arrived at amicable settlement, for which, affidavit is also produced at Annexure-B filed by the complainant, wherein she has stated that due to some misunderstanding in a spur of moment and she has no objection if FIR may be quashed.
Therefore, in view of the guidelines laid down 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, wherein it has been observed that if the misunderstanding has been sorted out and continuation of the proceeding is futile exercise, FIR may be quashed and set aside. Therefore, the present application deserves to be allowed.
In the circumstances, the present petition stands allowed in terms of Para No.10b. The FIR being C.R.No.I-87/2009 registered with Vadodara Taluka Police Station is hereby quashed and and set aside.
Rule is made absolute. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top