SULTANKHAN MAJIDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Chetna M. Shah, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No.1. Mr.A.S.Timbalia, learned advocate states that he has received instructions to appear on behalf of respondent No.2Complainant and would be filing the Vakalatnama in the Registry, during the course of the day. He is permitted to do so. He waives service of notice of Rule for respondent No.2 (complainant). On the facts and in circumstances of the case and with the consent of the learned counsel for the respective parties, the application is being heard and decided finally.

(2.) THIS application under Section482 of the Code of Criminal Procedure, 1973 (the Code) has been preferred with a prayer to quash and set aside the FIR being C.R.No.I72/2015 registered with Aslali Police Station, Ahmedabad (Rural), for offences punishable under Sections384 and 506(2) of the Indian Penal Code and any consequential proceedings.

(3.) IT is stated in the FIR that on 29.04.2015, early in the morning, the petitioner came to the house of the complainant demanding an amount of Rs.10,00,000/ on account of some property dispute. It is stated that the petitioner demanded the said amount and threatened the complainant that he would kill him if he would not return it. It is further the case of the petitioner before this Court that the dispute has been settled between the parties who have arrived at a compromise. Respondent No.2 has filed an affidavit in this regard and undertakes to withdraw all criminal proceedings.