RUCHITA H DOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant herein original accused Ms.Ruchita H. Doshi to quash and set aside the impugned complaint/FIR being C.R.No.I-122 of 2011 registered with Navrangpura Police Station, Ahmedabad against the applicant for the offence punishable under Section 408 of the Indian Penal Code.

(2.) TODAY when the present application is taken up for hearing, Mr.Apurva Dave, learned advocate appearing on behalf of the applicant original accused has stated at the bar that subsequently the dispute is already amicably settled between the applicant and the original complainant and that total a sum of Rs.18 Lacs is already paid by the applicant pursuant to the Memorandum of Understanding entered into between the Bharat Hotels Ltd. - original complainant and the applicant Ms.Ruchita Doshi.

(3.) HAVING heard learned advocates appearing on behalf of the respective parties and considering the fact that the dispute between the original complainant and the applicant has been amicably settled now and the dispute prima facie seems to be private in nature and in view of the Memorandum of Understanding entered into between the original complainant and the applicant and entire amount i.e. Rs.18 Lacs has already been paid by the applicant and considering the aforesaid decisions of the Honourable Supreme Court, it appears to the Court that to continue proceedings against the applicant would be unnecessary harassment to the parties as now the original complainant is not likely to proceed further with the case in view of the above settlement, this Court is of the opinion that this is a fit case to exercise power under Section 482 of the Code of Criminal Procedure and to quash and set aside the impugned complaint/FIR so far as the present applicant is concerned.