HARCHARANSING HARDUTTSING RATHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to add the original accused No.1 in the cause title.

(2.) Rule returnable forthwith. Ms. Thakkar, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Mahesh Poojara, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.

(3.) 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 I C.R. No. 85 of 2016 lodged before the Chokbazar Police Station, Surat of the offence punishable under sections 498(A) , 323 , 504 , 506(2) , 120(B) , 406 , 420 read with 114 of the Indian Penal Code and sections 3 and 7 of the Dowry Prohibition 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- Paramjeet Kaur W/o. Gurnamsing Rathor is personally present and she confirms about the settlement arrived at with the accused persons. The respondent No.2- Paramjeet Kaur W/o. Gurnamsing Rathor is identified by her learned advocate Mr. Poojara. Smt. Paramjeet Kaur W/o. Gurnamsing Rathor has also filed an affidavit, inter alia, stating as under: