HIRENBHAI DASHARATHBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. The formal service of notice of Rule is waived by the learned counsel appearing for the respective respondents. The Rule is fixed forthwith on consent.

(2.) Out of digging agricultural field, a dispute has arisen resulting in lodgment of the complaint being I -C.R. No. 71 of 2016. The complainant has chosen not to pursue this by filing affidavit. In spite of that the applicants have approached this Court for quashment. It is the joint say of the parties that due to intervention of the persons from the family and community, they have buried their differences. No serious injury was caused to the applicants.

(3.) Investigating Officer - Shri R.P. Zala, Chanasma Police Station has been called with the papers of the investigation. He also confirms that the injury to the complainant was very minor and discharge from the hospital was given to the complainant the very next date. Learned advocate Mr. Chaudhary has submitted that had there been any criminal antecedent in serious nature of the injuries, it would have different aspect, but here none of these ingredients exists. The investigation is still going on and this may result into lodging of the complaint for very minor offence and, therefore, he has urged that this application be allowed by quashing the complaint. The complainant who is present confirms the contents of the affidavit and has no objection to the application being allowed. Learned APP Mr. Raval had ascertained from the Investigating Officer also the status that the applicants are neither high handed person nor they have any criminal antecedent,