SANDIP HASMUKHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Satish Patel, learned advocate waives service of rule on behalf of respondent No.2. Shri Mengdey, learned APP waives service of rule on behalf of respondent No.1. With the consent of learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) By way of this application under section 482 of Criminal Procedure Code, the applicants, - original accused have prayed to quash and set aside the complaint being C.R. No. II 3306 of 2007 lodged with Amraiwadi Police Station, Annexure A to the application.

(3.) Considering the relations between the petitioner and the respondent No.2 herein,- original complainant and the dispute is settled amicably between the parties and the main dispute was with the mother and daughter who has married with one Anilbhai Pratapsinh Rajput, it is requested to exercise the powers under section 482 of Criminal Procedure Code and to quash and set aside the complaint considering the decision of the Hon'ble Supreme Court in the case of B.S. Joshi and others V. State of Haryana and others, 2003 2 GLH 351. An affidavit of the respondent No.2 is filed in the present proceedings submitting that in view of the fact that her daughter who has married with one Anilbhai is staying happily, in the larger interest of her daughter and the family members, the respondent No.2 herein, original complainant does not want to proceed further with the complaint filed by her and has submitted that if the aforesaid criminal complaint is set aside, she has no objection.