ANIS HIRABHAI BHAGCHANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Thakore, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Ruturaj Nanavati, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.

(2.) By this application under section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks to invoke the inherent powers of this court, praying for quashing of the first information report being I C.R. No. 25 of 2015 lodged before the Navrangpura Police Station of the offence punishable under sections 323, 325 and 332 of the Indian Penal Code and section 3(1)(10) of the Atrocity Act on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2-Sureshbhai Kantibhai Vaghela is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2- Sureshbhai Kantibhai Vaghela is identified by his learned advocate Mr. Ruturaj Nanavati. Shri Suresbhai Kantibhai Vaghela has also filed an affidavit, inter alia, stating as under:

(3.) One another affidavit has also been filed by the witness, namely, Rajesh Kantibhai Vaghela, inter alia, stating as under;