AMITKUMAR VISHNUPRASAD GAJJAR Vs. STATE OPF GUJARAT

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1974 (the Code), the petitioner seeks quashing of a criminal complaint bearing Inquiry Case No.69/06 which was initially filed before the Metropolitan Magistrate, Ahmedabad which later got converted into M.Case No.1/2006 before the Navrangpura Police lodged by one Bhavanbhai Nathubhai Desai.

(2.) It appears that the complaint arose out of some property dispute and there were allegations of forcible eviction of the property in question. However, with passage of time and intervention of other mediators, disputes have been resolved between the parties. The complainant has filed a detailed affidavit stating, inter alia, that all the disputes are settled. Apparently, some civil proceedings were also instituted by the erstwhile occupier of the property. Such proceedings have also been withdrawn. The aforesaid position is not disputed by any of the learned advocates appearing for the parties. It is jointly stated that in view of these developments, criminal proceedings may be quashed. It is submitted by the learned advocates appearing for the petitioners as well as the original complainant that no useful purpose will be served in surviving the criminal case.

(3.) This Court has also heard Mr.M.R.Mengdey, learned Additional Public Prosecutor for the respondent " State of Gujarat.