KIRITKUMAR KARAMSHIBHAI BHUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.P.P.Majmudar, learned advocate for the petitioner, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1State, and Partyinperson, Mr.Hareshkumar Karamshibhai Bhut, i.e.respondent No.2original complainant.

(2.) BY way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the petitioner has prayed for quashing of F.I.R. being M. Case No.1 of 2011 registered at Patan Vav Police Station, Rajkot Rural for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120B, 114 and 34 of the Indian Penal Code, 1860 (the IPC) as well as the chargesheet filed in connection with the aforesaid F.I.R.

(3.) LEARNED advocate for the petitioner has further submitted that in view of the settlement arrived at between the parties any further continuation of the proceedings pursuant to the impugned F.I.R. shall amount to harassment to the parties, more particularly considering the fact that both parties are real brothers and they have resolved the differences and are part of one family. It is therefore submitted that trial would be futile and the same would also amount to abuse of process of law and court. Reliance is also placed upon the decisions rendered in the cases Shiji Alias Pappu @ Ors. Vs. Radhika & Anr., (2011) 10 SCC 705, Nikhil Merchant V/s. Central Bureau of Investigation & Anr., 2009(1) GLH 31, Jagdish Chanana & Ors. Vs. State of Haryana & Anr., 2008(2) GLH 53 and Manoj Sharma Vs. State & Ors., 2009(1) GLH 190, and it is submitted that in order secure the ends of justice, this Court may quash the impugned F.I.R., chargesheet in connection with the impugned F.I.R. as well as all consequential proceedings arising out of the impugned F.I.R.