HASMUKHBHAI HANSRAJBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Hriday Buch with learned Advocate Mr. Hardik A. Dave for the applicants and learned APP Mr. L. B. Dabhi for the respondent-State and learned Advocate Mr. Maulik H. Vaghela for the first informant.

(2.) By way of the present applications the applicants are praying for quashing of the FIR being M Case No. 1 of 2014 registered with the Sector 7 Police Station, Gandhinagar on 24/1/2014 as well as all other proceedings including the complaint/ application dtd. 24/1/2014 before the learned Judicial Magistrate First Class, Gandhinagar and the order passed by the learned Judicial Magistrate First Class, Gandhinagar and all other consequential proceedings arising out of the aforesaid Criminal Complaint.

(3.) By way of an order dtd. 19/10/2022 this Court had recorded the submission of learned Advocates for the respective parties that the parties have inter se settled the matter and whereas, the first informant would not have any objection for quashing of the subject FIR. This Court considering such submission had directed the first informant to appear before the Investigating Officer and explain as to how the settlement had been arrived at. Today, the learned APP Mr. Dabhi tenders statement of the first informant dtd. 20/10/2022 recorded by the Investigating Officer. A copy of the same is directed to be taken on record. Learned Advocate for the applicants reiterate that the parties have inter se settled the dispute and whereas, while the parties have not entered into any written settlement an affidavit which was submitted before an Hon'ble Division Bench of this Court in a First Appeal pending between the party being First Appeal No. 2335 of 2016 has been submitted to this Court in support of the settlement. It is submitted by learned Advocates for the applicants, more particularly, the applicant of Criminal Miscellaneous Application No. 3261 of 2014 who was opponent no. 3 in the First Appeal had given up all right title and interest over the disputed lands. A copy of the statement of the first informant has also been given to the learned Advocates for the applicants who having perused the same, upon instructions of the applicants, would submit that whatever has been stated by the first informant in the statement has been confirmed by them and they undertake to abide by the same. Having regard to the same, learned Advocates for the applicants request this Court to quash the FIR, more particularly submitting that no fruitful purpose would be served if the FIR and any subsequent proceedings arising therefrom is permitted to continue.