KISHOREBHAI GIRDHARBHAI SURTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Special Criminal Application under Section 482 of the Criminal Procedure Code has been preferred by the petitioners-original accused for quashing and setting aside the impugned complaint, being C. R. I 221/2008 registered with Rander Police Station, Surat. The petitioners are charged for the offences punishable under Sections 385, 504, 506 (2) and 114 of the Indian Penal Code.

(2.) TODAY, when the petition is taken up for final hearing, the learned advocates appearing on behalf of the respective parties, under instructions from the respective clients, have submitted that the parties have settled the dispute amicably and compromise deed has also been entered into between the parties dated 04/04/2009. The compromise deed dated 04/04/2009, which is executed between the parties is directed to be taken on record. It is submitted that so far as the complaint against the respondent-original complainant is concerned, the police has submitted the summary report. In view of the settlement arrived at between the parties, the learned advocates appearing on behalf of the respective parties, have requested to quash and set aside the impugned complaint.

(3.) IN view of the above and considering the decision of the Hon'ble Supreme Court in the case of B. S. JOSHI Vs. STATE OF HARYANA reported in (2003) 4 SCC 675 as well as the recent decision of the Hon'ble Supreme Court in the case of NIKHIL MERCHANT Vs. CENTRAL BUREAU OF INVESTIGATION AND ANR reported in 2008 (9) SCC 677, considering the settlement no specific purpose will be served in continuing the criminal proceedings against the petitioners. In view of the settlement, there are bleak chances of supporting the case of the prosecution by the respondent-original complainant. In view of the above, to continue the criminal proceedings against the petitioners would be a futile exercise. Under the circumstances, the impugned complaint deserves to be quashed and set aside.