Rule.
Learned A.P.P., Ms.A.C. Raval for the respondent no.1-State of Gujarat and learned counsel, Mr.Chirag Parekh for the respondent no.2-complainant.
The present application has been filed by the applicant-accused under Section 482 of the Criminal Procedure Code for quashing of the FIR being C.R.No.I-8/2012 registered with Khambhalia Police Station on the grounds stated in the application.
Heard learned counsel appearing for the respective parties.
Both learned counsel have stated that the parties have arrived at amicable settlement, for which, affidavit of the respondent no.2 is placed on record stating that the Court may quash and set aside FIR as entire dispute is amicably resolved. Learned counsel Mr.Dagli also submitted that for other co-accused also, FIR has been quashed as per the order passed in Criminal Misc. Application No.8359/2012 dated 25.06.2012. The respondent no.2 is also present in the Court and has confirmed about having settled the matter.
Therefore, considering the facts circumstances and also 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 Shiji @ Pappu & Ors. Vs. Radhika & Anr., reported in AIR 2012 SC 499, wherein it has been observed that if the dispute has been settled and if the continuation of the proceedings would be an empty formality, FIR may be quashed. 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-8/2012 registered with Khambhalia Police Station is hereby quashed and and set aside.
Rule is made absolute. Direct service is permitted.
(RAJESH H.SHUKLA, J.) /patil Top