SUNIL V SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashment of the First Information Report registered as Rajkot B Division Police Station, C.R. No. I 30/96.

(2.) THE facts of the case stated briefly are that the respondent No.2 herein had lodged the above referred First Information Report against the petitioner herein for the offences punishable under sections 406, 420, 34, 109, 114 and 120 -B of the Indian Penal Code. It appears that subsequently, during the pendency of this petition, the respondent No.2 Mr. Ramkrishna K. Vyas has expired. Thereafter, the heirs of deceased Mr. Ramkrishna K. Vyas had been brought on record by an order dated 27th September, 2006.

(3.) MR . N.M. Amin, learned advocate for the petitioner has placed on record an affidavit dated 10th January, 2008 made by the respondents No.2,3 and 4, who are the heirs of the respondent No.2 to point out that the respondents have stated that they do not want to pursue the First Information Report or to prosecute anybody in the matter. The learned advocate has submitted that in the circumstances, the First Information Report in question is required to be quashed in the interest of justice.