1. The present application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants- original accused to quash and set aside the impugned FIR, being C.R. No. I 262/2009 registered with Patan City Police Station lodged by respondent no. 2-original complainant for the offences punishable under Sections 498(A), 504, 506(1) and 114 of the Indian Penal Code as well as under Sections 3 and 7 of the Dowry Prohibition Act.
2. Today when the present application is taken up for final hearing, the learned advocates appearing on behalf of the respective parties i.e the applicants as well as respondent no. 2-original complainant have jointly submitted that the parties have settled the dispute amicably and they have entered into one agreement for divorce and, therefore, respondent no. 2- original complainant has no objection if the impugned FIR is quashed and set aside.
3. Shri Shah, learned advocate appearing on behalf of respondent no. 2-original complainant has placed on record the affidavit-in-reply on behalf of respondent no. 2-original complainant submitting that in view of the settlement she has no objection if the impugned FIR as well as the chargesheet filed against the applicants in connection with the aforesaid FIR are quashed and set aside.
4. Learned advocates appearing on behalf of the respective parties have relied upon the decision of the Hon'ble Supreme Court in the case of Madan Mohan Abbot V/s. State of Punjab reported in 2008(4) SCC 582; in the case of Nikhil Merchant V/s. Central Bureau of Investigation and another reported in 2009(1) GLH 31 as well as in the case of Manoj Sharma V/s. State and others reported in 2009(1) GLH 190.
5. Having heard the learned advocates appearing on behalf of the respective parties and considering the facts stated hereinabove and as the parties have amicably settled the dispute and consent terms have been arrived at between the parties and the dispute seems to be private in nature and considering the aforesaid decisions of the Hon'ble Supreme Court, it appears to the Court that to continue criminal proceedings against the applicants will be unnecessary harassment to the applicants and the same shall not be in the interest of the parties.
6. In view of the above and for the reasons stated hereinabove, the impugned FIR, being C.R. No. I 262/2009 registered with Patan City Police Station lodged by respondent no. 2-original complainant for the offences punishable under Sections 498(A), 504, 506(1) and 114 of the Indian Penal Code as well as under Sections 3 and 7 of the Dowry Prohibition Act as well as the chargesheet filed by the Investigating Officer against the applicants in connection with the Complaint, being C.R. No. I 262/2009 registered with Patan City Police Station are hereby quashed and set aside and the criminal proceedings against the applicants arising out of the aforesaid FIR are hereby terminated. Rule is made absolute to the aforesaid extent.
(M.R. SHAH, J.) siji