HANSABEN KHEMCHAND JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed seeking for following reliefs:

(2.) Learned Mr. S.B. Sikarwar for the respondent No.2 - complainant has submitted that he has already filed affidavit on behalf of respondent No.2 by stating that he has no objection if the impugned F.I.R. which is filed under Ss. 406, 420, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code is quashed. Complainant - Mayurbhai Govindbhia Suva is personally present before the Court today. Upon Inquiry of the same, he has reiterated the same that he has no objection if the complaint is quashed and he has filed affidavit willingly for stating that amicable settlement arrived at between the parties. Said affidavit is part of the record.

(3.) Considering the fact that now the matter is settled between the parties and also perusing the impugned F.I.R., no fruitful purpose will be served if the proceedings pursuant to the impugned F.I.R. remained continued. Therefore, in view of the judgment of the Hon'ble Apex Court in the case of Gian Singh versus State of Punjab & Another reported in (2012) 10 SCC 303, and other judgments of the Hon'ble Apex Court, this is fit case where the Court should exercise powers under Sec. 482 of the Criminal Procedure Code, 1973 with a view to prevent the abuse of process of law.