RABARI KARAMSHIBHAI GANDABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Manan Mehta, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 - State of Gujarat. Mr. Hardik Brahmbhatt, the learned advocate has entered appearance on behalf of the respondent No.3 -original first informant and waives service of notice of rule.

(2.) By this application under section 482 of the Code of Criminal Procedure, 1973, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being I C.R. No. 275 of 2009 lodged before the Kadi Police Station of the offence punishable under sections 147, 148, 149, 324, 325, 326, 307, 403, 201 of the Indian Penal Code, sections 3(1)(10) and 3(2)(5) of the Scheduled Caste and Scheduled Tribunes [Prevention of Atrocities] Act, 1988 ["Atrocity Act" for short], chargesheet and Criminal Case being Special Atrocity Case No. 16 of 2010 pending before the learned Addl. District and Sessions Judge, Mehsana on the ground that there has been an amicable settlement between the parties and the respondent No.3 -original complainant is no longer desirous of prosecuting the first information report further. The respondent No.3 -Ramanbhai Manilal Parmar is personally present alongwith three injured witnesses and they confirms about the settlement arrived at with the accused persons. The respondent No.3 is identified by his learned advocate Mr. Hardit Brahmbhatt has also filed an affidavit, inter alia, stating as under:

(3.) However, since there is a charge against the petitioners herein for the offence punishable under Section 307 of the Indian Penal Code, this Court needs to record few relevant facts.