BHARATBHAI SAJANBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE .

(2.) RESPONDENTS waive service. Considering the fact that the matter has been settled between the applicant and 2nd respondent, Rule is heard today by consent of the parties. The complainant, who is personally present before the Court, being identified by the learned Counsel Mr.Nishant H Lalakiya appearing for him, has filed an affidavit AnnexureB. The said affidavit is taken on record. The dispute between the applicant and 2nd respondent was with regard to outstanding amount towards the sale of truck by complainant to the applicant. Thus, the dispute is predominantly of civil nature. Learned Counsel for the applicant as also 2nd respondent jointly drew the attention of this Court to Gian Singh Vs. State of Punjab and Another, 2012 10 SCC 303, wherein the Honble Supreme Court had laid down the proposition of law that Section 320 and 482 of the Code of Criminal Procedure operate in different fields and even if the offence is not compoundable under Section 320 of the Cr.PC, it can be allowed to be settled and complaint can be quashed under Section 482 of Cr.PC. if the dispute between the parties is predominantly of civil nature or a private character.

(3.) LEARNED APP contended that a serious offence under the above provision is alleged and therefore accused must face trial. In Gian Singh the Honble Supreme Court in para 61 laid down the following proposition of law: