VIRPALSINH DILIPSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Bhunesh C. Rupera, learned advocate for the applicants, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for the respondent State, and Mr.Chintan S. Popat, learned advocate for respondent No.2original complainant.

(2.) THE present application is filed under Section 482 of the Code of Criminal Procedure, 1973 (the Code praying for quashing and setting aside impugned FIR being C.R. No.I390 of 2012 registered with Satellite Police Station, Ahmedabad for the offences punishable under Sections 365, 342, 423, 114 and 384 of the Indian Penal Code, 1860.

(3.) MR .Bhunesh C. Rupera, learned advocate for the applicants, submitted that as such the allegations leveled in the FIR are false and no such incident was ever taken place and the same is lodged only as an afterthought by the original complainant. It is also submitted that after the FIR was lodged the original complainant has amicably settled the dispute with the applicants as it was of a civil nature. Reliance is placed upon the affidavit dated 19.12.2012 filed by the original complainant in these proceedings and it is submitted that as the parties have amicably settled the dispute, further proceedings and trial would be futile exercise and, therefore, even though some of the offences are noncompoundable, the same may not be bar from exercising inherent jurisdiction by this Court under Section 482 of the Code. Mr.Bhunesh C. Rupera, learned advocate for the applicants, also relies upon the ratio laid down by the Apex Court in the case of Gian Singh Vs. State of Punjab & Anr., (2012 10 S.C.C. 303 and submits that the application be allowed by quashing and setting aside the impugned FIR.