DIVANJEE RAVAJEE THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these matters arise out of the same FIR and as per order dated 1.4.2013 passed by this Court (Coram :Hon'ble Mr. Justice S.R. Brahmbhatt) in Criminal Misc. Application No. 15314 of 2012 both the matters are listed together and are hereby heard and disposed of by this common judgment.

(2.) BY way of Special Criminal Application and Criminal Misc. Application as aforesaid, the petitioners/applicant have prayed for quashing FIR being CR No.I-167 of 2012 registered with Chanasma Police Station for the alleged offences under Sections 406, 420, 465, 468, 471, 177, 262, 263, 120B and 114 of Indian Penal Code.

(3.) MR . Chaudhary, learned Advocate for the petitioners has submitted that the parties have amicably settled the issue and in fact have returned the amount of Rs. 21,50,000/- which was the main contention in the FIR. Mr. Chaudhary submitted that in view of the settlement arrived at between the parties, any further continuation of the criminal proceedings in pursuance to the impugned FIR would result into harassment to the parties and in view of the settlement trial would be futile and the same would also amount to abuse of process of Court and law. Mr. Chaudhary submitted that the settlement is reduced in writing and hence, this is a fit case and this Court would be pleased to exercise its inherent power u/S. 482 of the Code of Criminal Procedure.