BHAVARLAL GEVARCHAND SHARMA 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. Viral M. Pandya, 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. 88 of 2017 lodged before the Ramol Police Station, Ahmedabad of the offence punishable under sections 406, 420, 294(b) and 506(1) of the Indian Penal Code 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- Mominkhan Asrafkhan Pathan is personally present and he confirms about the settlement arrived at with the accused person. The respondent No.2- Mominkhan Asrafkhan Pathan is identified by his learned advocate Mr. Viral M. Pandya. Shri Mominkhan Asrafkhan Pathan has also filed an affidavit, inter alia, stating as under:

(3.) Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.