1. Rule.
Learned Senior advocate Mr.S.V.Raju for learned advocate Mr.A.B. Munshi waives service of notice of Rule for Respondent No.2-Original Complainant and learned A.P.P., Mr.H.L. Jani waives service of notice of Rule for respondent no.1-State of Gujarat.
2. The present application has been filed by the applicant-original accused under Section 482 of the Criminal Procedure Code,1973 for the prayer that FIR being C.R.No.I-28/2011 registered with Mangrol Police Station, Surat, and the Charge-sheet filed pursuant to the FIR may be quashed and set aside, on the grounds stated in the application.
3. Heard learned counsel appearing for the respective parties.
4. Learned counsel, Mr.Hardik Dave has stated that the parties have amicably settled the dispute, which is confirmed by learned senior counsel, Mr.S.V. Raju. Respondent No.2-Mr.Arvindbhai Bachubhai, who is present in the Court, and identified by learned advocate Mr.Munshi. Both the learned advocates have stated that the parties have settled the dispute for which the affidavit of Respondent No.2-original complainant is placed on record at Annexure-C to this application stating that with intervention of the respected members of the society and family mutual understanding and agreement is arrived between the parties and issue is settled, and he has no objection, if the FIR and the Charge-sheet pursuant thereto are quashed and set aside. Both counsel have therefore stated that FIR may be quashed.
5. 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 Shiji @ Pappu & Ors. Vs. Radhika & Anr., reported in AIR 2012 SC 499, as well as in a judgment in case of Madan Mohan Abbot V/s State of Punjab reported in (2008) 4 SCC 582, wherein it has been observed that if the parties have arrived at settlement and the continuation of the proceedings would be futile exercise then the FIR may be quashed. Therefore, considering the facts and circumstances of the present case, the application deserves to be allowed.
6. In the circumstances, the present application stands allowed in terms of Para No.8(b). The FIR being C.R.No.I-28/2011 registered with Mangrol Police Station, Surat and the Charge-sheet filed pursuant thereto are hereby quashed and and set aside.
7. Rule is made absolute. Direct service is permitted.
(RAJESH H. SHUKLA, J.) mehul Top