MOHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor and Mr. Kartikkumar Joshi, learned advocate, waive service of notice of rule on behalf of respondents Nos.1 and 2 respectively in the respective application.

(2.) The application being Criminal Misc. Application No. 775 of 2019 has been filed under'section 482'of the Code of Criminal Procedure for quashing and setting aside the complaint being C.R. No. I-3 of 2019 registered with Shahibuag Police Station, Dist.: Ahmedabad for offfences punishable under'Sections 323,'294A,'365'and'114'of IPC and Criminal Misc. Application No. 2465 of 2019 has been filed under'section 482'of the Code of Criminal Procedure for quashing and setting aside the complaint being C.R. No. II-15 of 2019 registered with Shahibuag Police Station, Dist.: Ahmedabad for offfences punishable under'sections 323, 294A, 506(2) and 114 of'IPC'and the proceedings initiated pursuant thereto.

(3.) The case in brief as could be culled out from the FIRs is that the complainant was going for tea with his friend and on road the accused came up on the road with Kinetic and applied brakes and started abusing the complainant within a spur of moment. It has led into altercation between the parties and resulted into FIR being C.R. No. I-3 of 2019 and counter FIR being C.R. No.II-15 of 2019 on the same day i.e. 5.1.2019. Mr. Mehul Surati, learned advocate in Criminal Misc. Application No. 775 of 2019, submitted that the parties are from the same locality and due to intervention of the friends, relatives and Society members, the issues have been settled amicably outside the Court and that there is no ill-will or hatred now remaining among the parties and they have willingly settled their dispute. Mr. Mehul Surati, learned advocate stated that, therefore, for the purpose of maintaining peace in the locality, the FIRs be quashed on the basis of mutual settlement. The affidavit of Mr. Akash Vijaybhai Sahare on behalf of original complainant, who is stated to be a child in conflict with law, was before this Court and he has submitted that for the betterment of the child in conflict with law and for maintaining peace and law and order, they have arrived at settlement with the intervention of the common relatives. Mr. Akash is identified by Mr. Kartikkumar Joshi.