ANAND SANJAY SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Hardik A. Dave, learned counsel for the applicant, Mr.L.B. Dabhi, learned APP for the State and Mr. S.P. Hasurkar, learned counsel for opponent no.2.

(2.) By way of this application under section 482 of the Code of Criminal Procedure, 1973(hereinafter referred to as "the Code"), the applicant has prayed for quashing and setting aside the First Information Report being registered as C.R.No.106/13 with Vadi Police Station for the alleged offences punishable under sections 406, 420, 507 and 114 of IPC.

(3.) Mr. Hardik A. Dave, learned counsel appearing for the applicant initially submitted that even if the FIR is taken as it is, it does not disclose any ingredients of offences under 406, 420, 507 and 114 of the IPC. Mr. Dave further submitted that any further continuation of the proceedings in relation to the impugned FIR would result into abuse of process of the Court. Mr. Dave further submitted that the applicant being a businessman, had approached opponent no.2 for settlement and as agreed between the parties, the applicant has expressed desire to pay an amount of Rs.10,00,000/­ as follows ­ Sr. Particulars Amount Date No. in favour of Mazda Agencies 2 Cheque No.000958 drawn 2,00,000/­ 18/03/2016 on HDFC Bank in favour of Mazda Agencies 3 Cheque No.000959 drawn 1,60,000/­ 18/04/2016 on HDFC Bank in favour of Mazda Agencies 4 Cheque No.000960 drawn 1,60,000/­ 18/05/2016 on HDFC Bank in favour of Mazda Agencies 5 Cheque No.000961 drawn 1,80,000/­ 18/03/2016 on HDFC Bank in favour of Mazda Agencies