LAWS(GJH)-2023-6-52

SATISHBHAI RAMBHAI PATEL Vs. STATE OF GUJARAT

Decided On June 07, 2023
Satishbhai Rambhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Dhawan Jaiswal, the learned APP waives service of notice of rule for and on behalf of the respondent No.1- State of Gujarat. Mr. Krunal Dave, learned advocate appearing for Mr. Hardik H. Dave, the learned advocate waives service of notice of rule for and on behalf of the respondent No.2- original first informant.

(2.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicants-original accused persons seek to invoke the inherent powers of this Court praying for quashing of the F.I.R. being C.R.No.I-53 of 2018 filed before the Sarthana Police Station, District-Surat, for the offence punishable under Ss. -406, 420, 114 of the I.P.C.

(3.) Today when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the parties that an amicable settlement has taken place and the quashing of the FIR is prayed for with the consent of the respondent No.2 viz.Bipinbhai Rambhai Patel. Mr. Krunal Dave, learned advocate appearing for the respondent no.2 - original complainant has submitted that the complainant has no objection if the FIR is quashed. He also filed an affidavit through his Power Attorney viz.Atulbhai Devaji Kapadia, executed on 28/11/2019, confirming about the settlement, as the original complainant is now staying at USA. Mr. Krunal Dave, learned advocate for the original complainant has confirmed affidavit executed by power of attorney alongwith copy of special power of attorney and deed of settlement.