HITESHBHAI NAVGHANBHAI RATADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Zala, learned advocate for the applicant, learned A.P.P. Ms.Mehta for respondent No.1-State and learned advocate Mr.Vaghela appearing for respondent No.2 - complainant.

(2.) This application is filed by the applicant with a prayer to quash and set aside FIR being C.R.No.11211016200035 of 2020 registered with Dhrangadhra Taluka Police Station, District-Surendranagar for the offences under Sections 504, 506 (2) and 114 of the Indian Penal Code .

(3.) Pending investigation/trial, the complainant i.e. respondent No.2 tenders affidavit acknowledging settlement between the complainant and the applicant. It is stated by the complainant there was a minor dispute between the parties and due to that, some altercation took place, however, as the dispute is settled, the complainant do not have any objection if the complaint is quashed. It has been affirmed by the respondent No.2 - complainant that the complainant has no respondent No.2 tenders affidavit acknowledging settlement between the complainant and the applicant. It is stated by the complainant there was a minor dispute between the parties and due to that, some altercation took place, however, as the dispute is settled, the complainant do not have any objection if the complaint is quashed. It has been affirmed by the respondent No.2 - complainant that the complainant has no grievance against the applicant. The learned advocates for the applicant and respondent No.2, thus, would submit that looking to the nature of allegations against the applicant, even otherwise, no case against the applicant for the offences punishable under Sections 504 , 506 (2) and 114 of the Indian Penal Code is made out. It was, therefore, urged to quash the complaint and proceedings arising therefrom qua the present applicant.