PADMINIBEN HEMANTBHAI MAKATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application, under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('the Code'),the petitioner has prayed to quash and set aside the Inquiry Case No.24 of 2003 and the process issued thereon, including Criminal M.Case No.1 of 2003 lodged before Karanj Police Station as well as the charge -sheet No.112 of 2004 submitted by the police qua the present petitioner.

(2.) THE facts stated briefly are that the respondent No.2 herein had lodged the criminal complaint against the petitioner and two others before the learned Metropolitan Magistrate, Court No.18, Ahmedabad, which was registered as Inquiry Case No.24 of 2003 for the offences punishable under Section 406 or 420 and 114 of the Indian Penal Code. Pursuant to the aforesaid complaint, the learned Metropolitan Magistrate, Ahmedabad passed an order directing investigation through Shahpur Police Station under the provisions of Section 156(3) of the Code, which was registered as M.Case No.1 of 2003 with Karanj Police Station.

(3.) AFTER the investigation was completed, it appears that the parties have settled the dispute between them and executed an agreement which was submitted before the police. However, the police did not accept the said agreement and submitted charge -sheet before the concerned Court. It is, in these circumstances, that the petitioner has approached this Court for quashing the complaint in question along with charge -sheet submitted thereon.