NIRAV NAVINBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, Shri Patel, learned Addl.P.P. waives service of Rule on behalf of Respondent No.1 - State of Gujarat and Shri Saurabh Amin, learned Counsel waives service of Rule on behalf of the Respondent No.2. On 21.09.2006 this matter was heard at length and it was kept for orders on 22.09.2006 as Counsels for both the sides wanted to cite authorities in support of their respective stand.

(2.) On the adjourned dates the matter did not reach and hence it was kept on 28.09.2006 i.e. today. With the consent of learned Counsels for the parties, the Rule is fixed forthwith.

(3.) The applicants, original accused in Crime I. C.R. No. 54 of 2004 dated 26.02.2004 registered with Sector 7 Police Station Gandhinagar for offences punishable under Sections 381, 408, 415, 418, 420 read with Sections 34 and 120-B of the Indian Penal Code and Section 66 and 72 of the Information and Technology Act 2000 (herein after referred to as the I.T. Act for short) have preferred this application under Section 482 of the Code of Criminal Procedure 1973 (herein after referred to as the Code for short) for quashing of FIR I CR. No. 54 of 2004 dated 26.02.2004 registered with Sector No.7 Police Station Gandhinagar and the resultant Criminal Case No.3528 of 2004 pending before the Judicial Magistrate First Class Gandhinagar, mainly on the grounds that the facts and allegation leading to lodging FIR show that the real dispute was a civil dispute and as the same has been amicably settled between the parties, no useful purpose would be served in continuing the criminal proceedings, rather continuation of same would be counter productive to the interest of justice.