PRAMODBHAI MANILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri KT Dave, learned APP waives service of Rule on behalf of the respondent State. By way of this application under Section 482 of the Code of Criminal Procedure the applicant original-accused No. 1 has prayed for an appropriate order to quash and set aside the complaint being C. R. No. I-121/2007 filed before Vejalpur police station, Ahmedabad on 19th March 2007.

(2.) THE criminal complaint has been filed against the applicant and others on 19th March 2007 with the Vejalpur police station, Ahmedabad by respondent No. 2 herein for the offences punishable under Sections 452. 427, 323, 294 (B) and 114 of the Indian Penal Code. I452. 427, 323, 294 (B) and 114 of the Indian Penal Code. It is the case on behalf of the applicant original-accused No. 1 that in view of the affidavit of respondent No. 2 original-complainant, there is a settlement entered into between them and that there is no dispute between them and therefore the impugned complaint/fir requires to be quashed and set aside.

(3.) LEARNED advocate appearing on behalf of applicant, original-accused No. 1 has relied upon the decision of the Hon'ble Supreme Court in the case of B. S. Joshi Vs. State of Haryana, reported in (2003) 4 S. C. C. Page 675; unreported decisions of this Court rendered in Criminal Misc. Application No. 10069 of 2003; Criminal Misc. Application No. 2978 of 2004; and Special Criminal Application No. 186 of 2004 in support of his prayer to quash and set aside the impugned FIR on the ground of settlement entered into between the parties.