Rule.
Learned A.P.P., Mr. H.L. Jani waives service of notice on behalf of respondent no. 1- State.
Present application has been filed by the applicants, under Section 482 of Cr.P.C. for quashing and setting aside the FIR being C.R. No. 321` of 2011 registered at Naroda Police Station, Dist. Ahmedabad.
Heard Mr. BN Limbachia, learned advocate for the Applicants and Mr.Mrudul M. Barot, learned advocate for Respondent no. 2/original complainant and learned A.P.P. Mr. H.L. Jani for Respondent no. 1- State.
Both the learned advocates Mr. BN Limbachia and Mr. Mrudul M. Barot have stated that the parties have amicably settled the dispute and the affidavit of the complainant-respondent no. 2 is produced as Annexure C stating that the dispute between the parties is amicably settled and the same would no longer survive. It is also stated that the F.I.R. was filed due to misunderstanding and now the complainant does not have any objection, if the F.I.R. is quashed and set aside. It is also stated that since the settlement is arrived between the parties a "Karardar Pursis" is tendered by both sides and a request is made to the learned Civil Judge to pass appropriate order.
Therefore, considering the facts and circumstances and in view of the guidelines laid down by the Hon'ble Apex Court in 2008(4) SCC 582 Madan Mohan Abot vs. State of Punjab and also in view of the judgement reported in case of Shiji alias Pappu and others vs. Radhika and another, AIR 2012 SC 499 with specific observations that if the parties have entered into compromise in a civil dispute and the prosecution is not likely to succeed, the F.I.R. may be quashed.
Therefore, in view of the above observation and the guidelines, the present Application deserves to be allowed.
Prayer in terms of para 7A is granted FIR being C.R. No. 321` of 2011 registered at Naroda Police Station, Dist. Ahmedabad is hereby quashed.
Rule is absolute.
(RAJESH H. SHUKLA,J) FH.
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