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2018 DIGILAW 436 (GUJ)

LALLUBHAI MANILAL PATEL v. STATE OF GUJARAT

2018-02-07

J.B.PARDIWALA

body2018
JUDGMENT : 1. Rule returnable forthwith. Ms. Thakkar, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Hemant Raval, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule. 2. By this application under section 482 of the Code of Criminal Procedure, 1973, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being I-C.R. No.16 of 2017 lodged before the Vithalapur Police Station of the offence punishable under sections 406, 420 and 120B of the Indian Penal Code on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2-Rameshbhai Parshottambhai Patel is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2-Rameshbhai Parshottambhai Patel is identified by his learned advocate Mr. Hemant Raval. Shri Rameshbhai Parshottambhai Patel has also filed an affidavit, inter alia, stating as under: “I, the undersigned Rameshbhai Parshottambhai Patel aged: 63 years, male, agriculturist, residing at: Ugrojpura, Tal: Mandal, Dist: Ahmedabad Rural, the Respondent No.2 herein do hereby solemnly affirm and state on oath as under:- 1. I state on oath that I have filed a Criminal Complaint under section 406, 420, 120(B) of IPC against the petitioner and a many as 21 persons on dt: 31.08.2017. 2. By the intervention of the elders as both belongs to same community it was thought it fit to compromise and hence the matter is compromised. 3. I state on oath that compromised pursis of all the accused is already given in SSRD. 4. I state on oath that matter pending in the Civil Court, Mandal being Civil Suit No.258/2016 is also compromised. 5. In the above said facts and circumstances of the case I have no objection if the complaint is quashed. 6. The above said affidavit is filed with the free consent, without any pressure and with sound mind. Solemnly affirmed on this 31st day of January, 2018 at Ahmedabad.” 3. 5. In the above said facts and circumstances of the case I have no objection if the complaint is quashed. 6. The above said affidavit is filed with the free consent, without any pressure and with sound mind. Solemnly affirmed on this 31st day of January, 2018 at Ahmedabad.” 3. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report. 4. In the result, this application is allowed. The first information report being I-C.R. No.16 of 2017 lodged before the Vithalapur Police Station is hereby ordered to be quashed. All consequential proceedings arising from the same also stand terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Hemant Raval, the learned advocate appearing on behalf of the respondent No.2. Direct service is permitted.