LABHUBEN SHANKARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under sec.482 of the Code of Criminal Procedure has been preferred by the petitioners original accused persons to quash and set aside the impugned complaint being Criminal Inquiry Case No.37 of 2006, pending in the court of learned Chief Judicial Magistrate, Surendranagar as well as to quash and set aside the impugned order passed by the learned Magistrate issuing process against the petitioners for the offences punishable under sections 406, 420, 465, 466, 467, 468 and 114 of Indian Penal Code.

(2.) THAT the respondent No.2 herein had purchased one Tenament from the petitioners in the year 1999. It appears that there was some leakage in the said Tenament and therefore, the respondent No.2 initiated proceedings before the Consumer Forum and also filed a criminal complaint against the petitioners. It appears that there was settlement between the parties before the Consumer Forum and the petitioners paid a sum of Rs.50,000/- to the respondent No.2 original complainant. Consequently, not only the proceedings before the Consumer Forum but the criminal proceedings initiated by the respondent No.2 also came to be withdrawn.

(3.) MR.Champaneri, learned advocate, appearing on behalf of the respondent No.2 original complainant is not disputing the settlement between the petitioners - original accused and respondent No.2 original complainant, which is culminated into in Settlement Deed dtd.29/4/2011, and copy of which is produced on record. He has also stated at the bar that respondent No.2 original complainant has now sold the Tenament in question to some other person and he does not want to prosecute the petitioners pursuant to the impugned complaint. He has also stated at the bar that the respondent No.2 original complainant has no objection if the impugned complaint and the order issuing process are quashed and set aside. MR.L.B. Dabhi, learned Additional Public Prosecutor has requested to pass appropriate order in view of the subsequent development and in the facts and circumstances of the case.