BHARAT CHELABHAI GOTHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate for the parties. . Ms.Archana C. Raval, learned APP waives service of notice of Rule

(2.) RULE on behalf of respondent no.1. Mr.Harshil Dattani, learned advocate waives service of notice of Rule on behalf of Respondent No.2. With the consent of learned advocates for the parties, Rule is fixed forthwith.

(3.) MS .Bhakti Thaker, learned advocate for Mr.P.P.Majumdar for the applicant submits that the complaint, which is produced at page No.19A was infact in respect of misunderstanding and now that misunderstanding is cleared and therefore, the complainant is ready and willing to have the same quashed. The complainant has engaged an advocate and she herself is present in the Court. Mr.Harshil Dattani, learned advocate appearing for complainantrespondent no.2 assures the Court that his Vakalatnama will be filed within two days from today. He submits that the complainant has prepared an affidavit, which is tendered across the bar, the same is taken on record. Today, the complainant respondent no.2 is present in the Court and she has been identified by Mr.Dattani, learned advocate. Ms.Archana C. Raval, learned APP was requested to enquire of the complainant qua the averments made in her affidavit. She after ascertaining from the complainant, submitted that the complainant is ready and willing to have the complaint quashed and she has agreed without there being any compulsion from anyone. In the said affidavit it is clearly stated that the dispute between the parties has been amicably settled and compromise has been arrived at between them and hence, if the complaint is quashed, then complainant has no objection. The respondent no.2 has agreed to withdraw the impugned complaint. The respondent no.2 has agreed to give consent for quashing of impugned F.I.R. Hence, quashment of the same is sought by way of this application.