BHARATBHAI MAFATLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Harshil Dattani, learned Advocate for the petitioner, Ms. Moxa Thakkar, learned APP. for State and Mr. P.P. Majmudar, learned Advocate for respondent no.2 ­ original complainant.

(2.) BY way of this petition, the petitioner has prayed for quashing and setting aside the impugned FIR registered with Mansa Police Station, District Gandhinagar which came to be registered as C.R. No. II-277 of 2012 for the alleged offences u/Ss. 323 and 504 of IPC as well as Section 135 of the Gujarat Police Act. It appears that the said FIR came to be lodged by the first informant ­ respondent no.2 herein on 4.10.2012.

(3.) MR . Dattani further submitted that because of the intervention of certain elders in the village the parties have amicably settled the issue. Mr. Dattani relying upon the affidavit of respondent no.2 has submitted that respondent no.2 has declared before this Court that the parties have amicably settled the issue which is personal in nature. Mr. Dattani further submitted that in the facts and circumstances of the case any further continuance of the criminal proceedings in pursuance to the impugned FIR would cause harassment to the petitioner. Mr. Dattani further submitted that in view of the settlement arrived at between the parties the trial would be futile exercise and same would amount to abuse of process of Court and law and therefore this is a fit case in which this Hon'ble Court should exercise inherent jurisdiction u/S. 482 of the Code for the ends of justice. Mr. Dattania further submitted that in fact FIR being C.R.No.I-131 of 2012 was the subject matter of another petition filed by the accused in the said cross petition being Special Criminal Application No. 3178 of 2012 wherein this Court (Coram : Mr. Justice Rajesh H. Shukla, J) while considering the settlement by order dated 5.11.2012 has exercised inherent jurisdiction u/S. 482 of the Code and has allowed the said petition by quashing and setting aside C.R. I-131 of 2012 registered with Langhanaj Police Station, District Mehsana. Mr. Dattani therefore submitted that the petition deserves to be allowed.