AKSHAR ELECINFRA PVT.LTD Vs. ALFA CRANE SERVICE

JUDGEMENT

(1.) HEARD Mr. Bijal Chhatrapati, learned Counsel for Singhi & Co. for applicant, Mr. Rajesh Chauhan, learned Counsel for respondent no.1 and Ms. Moxa Thakkar, learned APP for respondent no.2.

(2.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for the sake of brevity) the petitioner has prayed for quashing and setting aside the Complaint Case No. 36155 of 2012 pending before the Court of learned Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat as well as the order dated 6.11.2012 passed in the said complaint.

(3.) DURING the course of hearing today the parties have amicably resolved the issue. Mr. Bijal Chhatrapati, learned Counsel for the petitioner submitted that Demand Draft of Rs.1,57,336/- dated 31.1.2013 in favour of the complainant Alfa Crane Service drawn on Bank of India, Service Branch, Surat is to be handed over to Satyanarayan Ramdev Yadav, the complainant, who is present in the Court. Mr. Chhatrapati submitted that in view of the fact that the parties have amicably resolved the issue in relation to the impugned complaint any further continuation of the criminal proceedings in pursuance to the impugned complaint as well as order dated 6.11.2012 would amount to harassment to the petitioner and in view of the fact that the petitioner has handed over Demand Draft which is valid till 30.4.2013 and having amicably settled the dispute any further continuation of criminal proceedings in pursuance to the impugned complaint 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 and therefore to secure the ends of justice this Court may consider the development which has taken place during the course of hearing and may exercise inherent power u/s. 482 of the Code and quash the complaint as prayed for.