Prakashbhai Chamanbhai Patani and 2 vs State of Gujarat and 1

Honourable Mr. Justice Rajesh H. Shukla

Rule. Learned A.P.P., Mr. H.L. Jani for the respondent no. 1-State of Gujarat and Learned Counsel, Mr. Bhavik Pandya for the respondent no. 2-complainant. The present application has been filed by the applicants-accused u/s 482 of the Criminal Procedure Code for quashing of the FIR being C.R. No. I-135/2012 registered with Shaher Kotada Police Station, Ahmedabad along with all consequential proceeding arising out of the same on the grounds stated in the application.

Learned Counsel, Mr. Shrikhar Bhatt for the applicants and Learned Counsel, Mr. Bhavik Pandya for the respondent no. 2-original complainant have stated that the parties have arrived at amicable settlement, for which, affidavit of the respondent no. 2-original complainant, who is present in the Court, has been filed. Learned Counsel, Mr. Bhavik Pandya has identified and stated that they have arrived at sett and the affidavit has been filed stating that whatever is stated in the petition is true.

In the facts and circumstances and in view of the guidelines laid down by the Hon''ble Apex Court including the observation made by the Hon''ble Apex Court in a judgment in case of Madan Mohan Abbot Vs. State of Punjab, , the present application deserves to be allowed. The Hon''ble Apex Court in the said judgment has observed that if the dispute is of private nature and if the parties have settled then, FIR may be quashed.

In the circumstances, the present application stands allowed in terms of Para No. 7(b). The FIR being C.R. No. I-135/2012 registered with Shaher Kotada Police Station, Ahmedabad and all consequential proceeding pursuant thereto are hereby quashed and set aside. Rule is made absolute. Direct service is permitted.