RAJENDRASINH DILUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent No.1.

(2.) This petition has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the first information report bearing C.R. No.I-11211057200650 of 2020 registered with Surendranagar City A-Division Police Station, Surendranagar and the proceedings initiated in pursuance thereof.

(3.) Mr. Dipen Dave, learned advocate for the applicants, submitted that the parties have amicably settled the dispute outside the Court. Initially, all the offences were compoundable; however, at a subsequent stage, offence under section 326 IPC came to be added, which is the reason why the applicants have preferred the present application seeking quashment of the impugned first information report. It was submitted that though injury was sustained on the head, but it was not of a grievous nature. The fracture injury on the hand of the complainant could be said to be of a grievous nature, but the complainant has preferred to compromise and therefore, a settlement agreement has been executed by and between the applicants and the complainant. Therefore, there remains no dispute or grievance between the parties. Learned advocate, therefore, submitted that the Court may even verify the said aspect from the complainant himself through video conferencing.