SURESHBHAI DIPAKBHAI (DIPSANGBHAI) RATHOD 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. Nilesh M. Shah, 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 petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being II C.R. No. 6 of 2017 lodged before the Vedach Police Station, Tal: Jambusar, Dist: Bharuch of the offence punishable under sections 323, 504 read with section 114 of the Indian Penal Code, section 135 of the Gujarat Police Act and sections 3(1)(R)(S) and 3(2)(5-A) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) 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-Parmar Jashubhai Bhagubhai is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2- Parmar Jashubhai Bhagubhai is identified by his learned advocate Mr. Nilesh M. Shah. Shri Parmar Jashubhai Bhagubhai 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.