1 Rule.
Service is waived. Upon the joint request made by the learned advocates for the parties, this matter is taken up for final disposal.
2 This application under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] is filed by the applicants to quash the FIR being C.R. No.I-36 of 2004 registered with Malaviyanagar City Police Station, Rajkot, for the offences punishable under Sections 366, 380 and 114 of the Indian Penal Code.
3. In the context of the nature of the subject complaint where the complainant-father had some grievance against his daughter, one of the applicants, and, subsequently, due to intervention of this Court, good sense prevailed between the father and the daughter; the dispute is amicably settled; both have placed affidavit dated 29.3.2012 on the record of this application; and it is submitted that they have no grievance against each other. It is jointly prayed that interest of justice would be served if the impugned complaint is quashed by this Court.
4 Considering the nature of dispute and the settlement arrived at between the parties and in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana, (2003) 4 SCC 675, and Nikhil Merchant vs. CBI, reported in (2008) 9 SCC 677, in my view, relegating the applicants to undergo the rigors of trial is not just and proper.
Hence, a case is made out to exercise powers under Section 482 of the Code to secure ends of justice and, accordingly, the impugned complaint is quashed and set aside. The application is allowed to the aforesaid extent. Rule is made absolute. Direct service is permitted.
(ANANT S. DAVE, J.) (swamy) Top