ABHISHEK LALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.K.P.Rawal, learned Additional Public Prosecutor waives service of notice of RULE on behalf of respondent No.1 ? State and Mr.Rushabh Shah, learned advocate waives service of notice of RULE on behalf of respondent No.2 ? original complainant.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties and as it is reported that the dispute is settled between the parties, respondent No.2 ? original complainant does not want to proceed further with the complaint and does not want to prosecute the petitioner and it is reported that even otherwise accused persons were tried and came to be acquitted by learned Judicial Magistrate, First Class, Mansa by declaring original complainant as hostile and she did not support the case of the prosecution, the present petition is taken up for final hearing today.

(3.) LEARNED advocates appearing on behalf of the respective parties have relied upon the decision of the Honourable Supreme Court in the case of Madan Mohan Abbot V/s. State of Punjab reported in 2008(4) SCC 582; in the case of Nikhil Merchant V/s. Central Bureau of Investigation and another reported in 2009(1) GLH 31 as well as in the case of Manoj Sharma V/s. State and others reported in 2009(1) GLH 190.