JITENDRASINH VISHWANATHSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Chirag Parekh, learned advocate for the applicant, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1State and Mr.Balvantsinh Solanki, learned advocate for respondent Nos.2 and 3.

(2.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code), the applicant has prayed for quashing of F.I.R. being C.R. No.I536 of 2012 registered at Odhav Police Station, Dist. Ahmedabad for the offences under Sections 365, 506(2) and 114 of the Indian Penal Code, 1860 (the IPC).

(3.) MR .Chirag Parekh, learned advocate for the applicant, has taken this Court to the factual matrix arising out of the present application. Relying upon the samadhancumsamjuti karar i.e. compromise deed dated 04.10.2012 (at AnnexureB to the application), it is submitted that the parties have amicably resolved the dispute. Reliance is also placed upon the affidavit filed by respondent No.2 original informant dated 07.11.2012 wherein it is, inter alia, mentioned that after filing of the complaint now the dispute is amicably settled and now there is no illwill and grievance between the parties. It is also mentioned that the as the dispute is amicably settled between the parties with the help of family members and relatives, this Court may terminate the proceedings against the applicant. Learned advocate for the applicant has further submitted that any further continuation of the proceedings pursuant to the impugned F.I.R. shall amount to harassment to the applicant and in view of the settlement arrived at between the parties 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 to secure the ends of justice, this Court may exercise its inherent jurisdiction under Section 482 of the Code and quash the impugned F.I.R. as well as all consequential proceedings arising out of the impugned F.I.R.