DHIRAJBHAI DESURBHAI DANGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants- original accused to quash and set aside the impugned FIR, being C.R. No. I - 24/2009 registered with Jodiya Police Station for the offences punishable under Sections 363, 365, 376, 506(2) and 114 of the Indian Penal Code.

(2.) After the matter was heard for some time and when the Court was inclined to quash and set aside the impugned FIR on merits, Shri P.M. Lakhani, learned advocate appearing on behalf of Respondent No. 2-original complainant has stated at the bar that she does not invite any further reasoned order from this Court while quashing and setting aside the impugned FIR as any observations by this Court may affect the proceedings pending before the Civil Court and/ or may adversely affect the defense before the Civil Court in pending civil suit. He has produced on record the affidavit of Respondent No. 2-original complainant, Rinaben daughter of Karsanbhai Tapubhai Makwana dated 17/11/2011 in presence of original complainant, who is personally present in the Court. Respondent No. 2-original complainant is present in the Court alongwith her parents and she has admitted the contents of the affidavit dated 17/11/2011 and she has stated at the bar that the contents of the affidavit has been explained to her in gujarati by her advocate Shri P.M. Lakhani.

(3.) In view of the above, this Court is not assigning any further reasoned order while allowing the present Criminal Miscellaneous Application and quashing and setting aside the impugned FIR as requested by Shri Lakhani, learned advocate appearing on behalf of Respondent No. 2-original complainant as any observations by this Court may have some impact and/or bearing in the pending civil suit pending between the parties.