SANDIPBHAI HIRALAL RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Moxa Thakkar, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Premal Dave, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.

(2.) By this application under sec. 482 of the Code of Criminal Procedure, 1973, the petitioner seeks to invoke the inherent powers of this court, praying for quashing of the first information report being I-C.R. No.11204021220305 of 2022 lodged before the Dakor Police Station, Kheda of the offence punishable under Sec. 376(2)(n) and 406 of the Indian Penal Code on the ground that there has been an amicable settlement between the parties and the respondent No.2- original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2- Krishnaben D/o. Bhikhabhai Jesangbhai Bhoi is personally present and she confirms about the settlement arrived at with the accused person. The respondent No.2-Krishnaben D/o. Bhikhabhai Jesangbhai Bhoi is identified by her learned advocate Mr. Premal Dave. Smt. Krishnaben D/o. Bhikhabhai Jesangbhai Bhoi has also filed an affidavit, inter alia, stating as under:

(3.) Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.