LAWS(GJH)-2021-6-41

PATEL GAURAV Vs. STATE OF GUJARAT

Decided On June 08, 2021
Patel Gaurav Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor and Mr. Neel Dave, learned advocate, waive service of notice of rule on behalf of respondents Nos.1 and 2 respectively.

(2.) This application has been filed under Section 482 of the Code of Criminal Procedure for quashing and setting aside the complaint being I C.R. No. 177 of 2019 registered with Kadi Police Station, Dist.: Mehsana on 2.11.2019 qua for offfences punishable under Sections 395 and 354B of the Indian Penal Code and the proceedings initiated pursuant thereto.

(3.) Mr. Pratik Barot, learned advocate for the applicants, submitted that after the service of Notice to the Respondents and more specifically the private respondent who is the original first informant, settlement took place between the parties as it was an internal private dispute and upon the intervention of community people, common mediators and elders of the family, an amicable settlement was arrived at between the parties. Mr. Pratik Barot, learned advocate submitted that to preserve the feeling of brotherhood between the parties and for peace in the area, the settlement was drawn. Mr. Barot further submitted that respondent No.2 original complainant filed his affidavit, which was notarised on 18.3.2021, which is on record along with copy of Aadhar Card and has stated that because of Corona the original complainant died on 4.5.2020. Mr. Barot, learned advocate referred to the affidavit of Mr. Jiten Sandipbhai Patel and daughter of the complainant. He submitted that all the members of the family, who have been injured, have prayed to quash the FIR.