BHAVIKKUMAR JAYANATILAL PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable today. Learned APP Mr. Ronak Raval waives service of notice of Rule for and on behalf of the respondent No.1 -State. This Criminal Misc. Application is preferred under Section 482 of Cr.P.C for quashment of complaint being FIR No. I -CR No.155 of 2012 registered with Deesa(City)Police Station, Dist.Banaskantha for the offences punishable under Sections 406, 420 and 114 of IPC. Parties have chosen to terminate their disputes fully and finally. The complainant is present before this Court.

(2.) The Affidavit of the respondent No.2 -original complainant is brought on record stating that the complainant has agreed with the amount which has been received of Rs.2,50,000/ -from the applicant. The settlement deed is executed by and between the parties on 25th July, 2016 Mr.Harsh V.Gajjar, learned advocate appearing for the applicant submits that the parties have amicably settled the disputes. It is further urged that the request of quashment of the complaint if it is accepted, the complainant has no grievance. He also submits that the charges have been framed and no witnesses have been examined . Both the sides have been heard. This Court has taken a note of contents of the affidavit and the same have been verified by learned APP from the complainant. The nature of dispute being private as the parties have chosen to end their disputes, the settlement is permitted. No useful purpose is likely to be served in continuing with the proceedings in light of the compromise. The court may not continue the luxury of litigation, bearing in mind the decision of Gian Singh Vs. State of Punjab and Another reported in 2012 (10)SCC 303. Request of the applicant to quash the FIR needs to be acceded to. It is essential to reproduce the relevant paragraph for this purpose: -

(3.) Resultantly, this petition is allowed. The FIR being CR No. I - 155 of 2012 registered with Deesa (City) Police Station, stands quahsed. All the consequential proceedings pursuant thereto shall stand terminated. Registry shall accept the vakalatpatra Mr.B.S.Khatana learned advocate appears for the original complainant -respondent No.2 Rule is made absolute. Direct service is permitted.