SARFARAZ KHALIL AHMAD DIWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent - State. The present application has been filed under Section 482 of the Cr.P.C. for the purpose of seeking following reliefs :

(2.) The case of the complainant is that on 29.6.2020, a complaint is lodged for an incident which took place on 27.6.2020 at about 7.00 p.m., when he was sitting near the shop at Rajwadi Tea Center, Atalji Nagar, Pandol, at that time the present applicant had approached him and told him as to why the complainant was watching him and started altercation with abusive language and thereafter, left the place. On the next day i.e. on 28.6.2020, at about 3.00 p.m., the complainant when was sitting again at Rajwadi Tea Center with his friend, the applicant had approached him and started quarreling and thereby, committed an offence which has been culminated into FIR, as stated above.

(3.) Mr.Rafit Lokhandwala, learned advocate for the applicant, has submitted that the applicant is an innocent person and wrongly arraigned in the prosecution. Apart from that, by passage of time, now the grievance of the complainant is already over and the settlement has already taken place and the same is confirmed by way of filing affidavit-in-reply by the complainant reflecting on page-14 of the application compilation, in which the complainant has already, in no uncertain terms, has confirmed that amicable settlement has already taken place and as such, keeping in view the law laid down by the Apex Court in a decision reported in (2011) 10 SCC 705, the present complaint be quashed in the interest of justice, as now continuing with the prosecution is of no avail. Hence, keeping in view the principle laid down, by consent, the FIR be quashed.