BIPINBHAI VRAJLAL PITHADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Dharmesh R. Patel on behalf of the applicants and learned APP Ms. M. D. Mehta on behalf of the respondent-State, learned Advocate Ms. Ami N. Bhatt on behalf of the respondent no. 2.

(2.) By way of this application, the applicants pray for quashing of order dtd. 25/1/2018 passed in Criminal Revision Application No. 31 of 2010 and further quashing of order dtd. 30/10/2010 passed below Exhibit 26 in B- Summary Case No. 164 of 2005 passed by learned 6 th Additional Judicial Magistrate First Class, Ahmedabad (Rural), Mirzapur.

(3.) Learned Advocate Mr. Patel on behalf of the applicants would submit that the present application is preferred in context of the fact that the respondent no. 2 had filed a police complaint before the Ghatlodia, Police Station registered as C. R. No. I-194 of 2005 and whereas in the said complaint further investigation, the Investigating Officer had filed a B- summary report that the complainant had challenged the B- summary report and pursuant to filing of the B- summary report the complainant had filed an application under Sec. 173(8) of Code of Criminal Procedure and whereas vide order dtd. 30/1/2010 the said application had been allowed. The present applicants had preferred a Revision Application noted herein above and whereas vide order dtd. 25/1/2018, the said revision application had been rejected. It is against the said orders that the present application has been preferred. Learned Advocate Mr. Patel for the applicants would submit that subsequent to filing of the present application, the parties have settled the matter inter se and whereas the respondent no. 2 would not have any objection if the orders impugned before this Court are quashed.