Heard Mr.Nasir Saiyed, learned advocate for the applicant, Mr.Raval, learned APP for the respondent No.1 - State and Ms.Jani, learned advocate for respondent No.2. Learned counsel representing the parties submit that the parties have amicably settled their dispute and in support thereof, my attention is drawn to a writing, containing the compromise, Annexure-B, as well as to the affidavit of respondent No.2 - original complainant, where he admitted the factum of settlement. It is further submitted by learned counsel for the parties that perusing the FIR, it clearly transpires that both the parties are relatives and the dispute involved in the FIR is private and personal in nature.
Having considered the submissions advanced by learned counsel representing the parties, so also considering the writing containing the terms of settlement, Annexure-B, as well as the affidavit filed by respondent No.2 - original complainant and the copy of FIR, Annexure-A, it transpires that the parties are relatives and the dispute involved in the FIR appears to be private and personal in nature. It further transpires that the respondent No.2 - original complainant, who himself is allegedly the victim of the alleged offence, has settled the dispute and so no useful purpose would be served, if the matter is put to trial. Under such circumstances, nothing more is now required, so far as the FIR is concerned.
For the foregoing reasons, the application is allowed and the FIR being C.R.No.106 of 2011, registered with Visnagar police station is quashed and set-aside. D.S permitted.
(J.C.UPADHYAYA, J.) (binoy) Top