AMRUTLAL LALJIBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Jal Soli Unwala, learned Advocate for the applicants, Ms. Moxa Thakkar, learned APP. for respondent ­ State and Mr. Hitesh Padhya, learned Advocate for respondent no.2 ­ the first informant.

(2.) BY way of this application u/S 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for the sake of brevity), the applicants have prayed for quashing the FIR registered with Dariapur Police Station, District Ahmedabad being CR No. I-45 of 2010 for the alleged offences u/Ss. 476, 420 and 114 of IPC. Mr. Unwala, learned Counsel appearing for the applicants has submitted that applicants and respondent no.2 - the first informant have amicably settled their dispute. Mr. Unwala further submitted that as the parties have amicably settled the dispute the impugned FIR would amount to harassment to the applicants. Mr. Unwala further submitted that in view of the settlement arrived at between the parties the trial would be futile and hence, this is a fit case and this Court would be pleased to exercise its inherent power u/S. 482 of the Code of Criminal Procedure.

(3.) MR . Hitesh Padhya, learned Advocate appearing on behalf of respondent no.2 ­ the first informant has tendered an affidavit of respondent no.2 ­ the first informant and the same is taken on record. Mr. Padhya has submitted that as averred in the affidavit, the parties have amicably settled the dispute and reiterated the contentions raised by Mr. Unwala, learned Advocate for the applicants.