KHUSHENDRA DILIPKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the applicant herein original accused to quash and set aside the impugned FIR being ICR No.86/2010 registered with Pandesara Police Station for the offence punishable under Section 381 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) TODAY , when the present application is taken up for final hearing, learned advocates appearing on behalf of respective parties have stated at the Bar that as such the parties have settled the dispute amicably and the original complainant does not want to further prosecute the applicant and/or proceed further with the impugned FIR. An affidavit is filed today affirmed by the original complainant which is directed to be taken on record.

(3.) IN view of the above, when the original complainant does not want to proceed further and/or prosecute the applicant and the offence alleged is under Section 381 of the CrPC, which is compoundable with the permission of the Court, to continue the criminal proceedings against the applicant pursuant to the aforesaid impugned FIR shall cause undue hardship to the parties and as such it will be exercise in futility as in view of the stand taken by the original complainant now, it is likely that the original complainant would not support the prosecution. In view of the above, this Court is of the opinion that this is a fit case to exercise powers under Section 482 of the CrPC and to quash and set aside the impugned criminal proceedings against the applicant which has been initiated pursuant to the impugned FIR.