DALSUKHBHAI KESHUBHAI MUNGALPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the first information report bearing C.R. No. I - 40 of 2018 registered with Bagasara Police Station, District Amreli, for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120- B, 114 and 34 of the Indian Penal Code and the proceedings initiated in pursuance thereof.

(2.) Mr. Virat G. Popat, learned advocate for the applicants submitted that, in Criminal Misc. Application No. 11771 of 2021, Bhavnaben d/o Manohar Nagariya - mother of the complainant, who is the power of attorney holder of the complainant, had stated about the amicable settlement in the matter qua the present petitioners. Learned advocate for the petitioners submitted that those accused in whose favour the complainant has given her complaint are accused No. 1 to 5, who are relatives of the complainant and accused No.5 is also relative but he is the power of attorney holder of respondents No.1 to 4 and the present petitioners are accused No.6 and 8. Learned advocate for the petitioners submitted that rest of the accused from respondents No.6 to 9 are the subsequent purchasers of the shop in question and the present petitioners are shown as accused No.6 and 8. The affidavit has been filed by the mother of the complainant dated 18 th July, 2021, in this regard; the same is ordered to be taken on record. The complainant stated that the dispute between them has been resolved and all the misunderstanding prevailing among them has been removed and now there is no grievance against the petitioners.

(3.) Ms. Shivangi Rana, learned advocate for the complainant has affirmed the fact that the complainant has filed the affidavit and has given the consent for quashing of the impugned FIR qua the present petitioners.