RAJIV RATTAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners herein proposed accused to quash and set aside the impugned order passed by the learned Metropolitan Magistrate, Court No.5, dated 9.5.2008 passed below Exh.8 in Criminal Case No.2145 of 2005, by which the learned Magistrate has passed an order for further investigation under Section 173(8) of the Code of Criminal Procedure.

(2.) TODAY, when the present application is taken up for final hearing, Shri S.V. Raju, learned Senior Advocate appearing with Shri Dhaval Barto, learned advocate for the petitioners and Shri Mitesh Rangras, learned advocate for respondent no.2 has stated at the bar that as such parties have settled the dispute, which prima facie was a private dispute and therefore, the impugned order be quashed and set aside as even the original complainant is desirous of withdrawing the said application Exh.8. Learned advocates for the respective parties have placed on record the settlement entered into between the parties, which is directed to be taken on record. Learned advocates for the respective parties do not invite any further reasoned order while quashing and setting aside the impugned order as even the original complainant is withdrawing the application Exh.8 submitting in the Criminal Case No.2145 of 2005, under which the impugned order has been passed.