ISMAIL MOTIMANSINGH SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure Code, 1973 the applicant herein has prayed for quashing of complaint being Criminal Enquiry Case No.11 of 2016 filed by the respondent No.2 herein on 3/9/2016 before the learned Chief Judicial Magistrate, Valsad.

(2.) Brief facts as stated by the applicant herein read thus :-

(3.) Mr. Dilip Rana, the learned advocate appearing for the applicant and Mr. M. A. Kharadi, the learned advocate appearing for the respondent No.2 jointly submitted that pursuant to the aforesaid FIR being I-C.R. No.105 of 2015 the parties resolved the dispute amicably. The FIR being being I- C.R. No.105 of 2015 came to be quashed with the consent of the parties by order dtd. 21/6/2018 passed in Criminal Misc. Application No.9155 of 2018 with Criminal Misc. Application No.7479 of 2018. Further allegations came to be leved against the applicant herein that at the time when the applicant's daughter visited the Court premises for hearing of the complaint which was pending before the Court of learned Magistrate, the applicant herein initiate quarrel with the respondent No.2 which culminated into complaint being F.I.R. No. 101 of 2016 before the concerned Police Station on 3/9/2016 and the respondent No.2 filed Criminal Enquiry Case No.11 of 2016 before the Chief Judicial Magistrate, Valsad.