SANDIPBHAI RAJENDRABHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Pathak, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Ms. Shivangi Rana, 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. 74 of 2016 lodged before the Patan City 'A" Division Police Station, Patan of the offence punishable under sections 392 and 506(2) of the Indian Penal Code and sections 3(2)(v) and 3(2)(5) (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 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- Sureshkumar Babulal Vaniya is personally present and he confirms about the settlement arrived at with the accused person. The respondent No.2- Sureshkumar Babulal Vaniya is identified by his learned advocate Ms. Shivangi Rana. Shri Sureshkumar Babulal Vaniya 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.