AANJANA PRAKASHBHAI PARTHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Yogendra Thakore, learned advocate for the applicants, Mr.Alkesh Shah, learned Assistant Public Prosecutor for respondent No.1, and Mr.Tushar Chaudhary, learned advocate for respondent No.2 -first informant/original complainant.

(2.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the applicants have prayed for quashing of F.I.R. being C.R. No.I -169 of 2012 registered with Deesa City Police Station, Dist. Banaskantha, for the offences under Sections 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (the IPC).

(3.) MR .Yogendra Thakore, learned advocate for the applicants, has taken this Court to the factual matrix arising out of the present application. At the outset it is submitted that it being predominantly a civil dispute, the parties have amicably settled the same outside the court. It is submitted that the allegations leveled in the F.I.R. are not true and do not constitute any offences as alleged in the F.I.R. Inviting attention to the affidavit dated 18.06.2013 filed by respondent No.2 -first informant/original complainant before this Court it is submitted that as stated on oath respondent No.2 has declared before this Court that due to intervention of family members, the applicants and respondent No.2 have amicably settled the dispute and respondent No.2 has no grievance against the applicants and, therefore, it is submitted that any further continuation of the proceedings pursuant to the impugned F.I.R. shall amount to harassment to the parties and in view of the settlement arrived at between the parties, the trial would be futile and the same would also amount to abuse of process of law and court and, therefore, it is submitted that in order secure the ends of justice, this Court may quash the impugned F.I.R. as well as all consequential proceedings arising out of the impugned F.I.R.