MASHRIBHAI MALDEBHAI NANDANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application under Section 482 of the Code of Criminal Procedure is filed for the purpose of seeking following reliefs:-

(2.) The case of the applicant is that the FIR was registered by respondent No.2 herein inter alia alleging that the accused persons had threatened the complainant and thereby abused on his caste when the complainant had gone at the place of the applicants for asking his remaining amount of Rs.2,40,000/-. The applicants have submitted that during passage of time, with the intervention of the family members and relatives, an amicable settlement took place in which the complainant himself has stated at length that on account of his uncontrolled aggression, he lodged the complaint without looking at the consequence and has clearly asserted in the affidavit that he has received all amount which is payable to him. Hence, with these material, present application is brought before this Court for seeking quashment of the complaint and all consequential steps pursuant to the impugned FIR.

(3.) Learned advocate Mr. Harshil C. Dattani appearing on behalf of the applicants has submitted that in respect of this complaint, an amicable settlement has taken place in true letter and spirit and no grievance of any nature is left out and overall settlement has already taken place for which the complainant has already received an amount of Rs.2,40,000/- undisputedly and therefore, there no purpose would be left in continuing with the prosecution, which would be a rigorous process.