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High CourtsSingle Bench(2012) 09 GUJ CK 0079

Vijay Karna Matiya and 4 vs State of Gujarat and 1

Gujarat High Court · Decided on 3 September 2012

HON’BLE JUDGES
Rajesh H Shukla, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 12657 of 2012
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Judgment

5 paragraphs · 337 words

Honourable Mr. Justice Rajesh H. Shukla

1.

Rule. Learned A.P.P., Mr. H.L. Jani for the respondent no. 1-State of Gujarat and Learned Counsel, Mr. Pawan Barot 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-66/2012 registered with Rajkot ''A'' Division Police Station, Rajkot on the grounds stated in the application.

2.

Learned Counsel, P.B. Khanderia for Learned Counsel, Mr. Pravin Gondalia for the applicants and Learned Counsel, Mr. Pawan Barot for the respondent no. 2-original complainant, who is present in the Court have stated that due to intervention of some well wisher and respected members of the society, settlement has been arrived at, for which, affidavit of the respondent no. 2 is produced at Annexure-B. It is stated in the affidavit that the dispute between the respondent no. 2 and the petitioner is amicably settled and he has no grievance. It is also stated that if the FIR is quashed, he has no objection. Learned Counsel, Mr. Barot for the respondent no. 2 has also placed on record the medical certificate of Medical Officer, Pandit Dindayal Upadhyay Hospital, Rajkot to show that the injury was a simple injury.

3.

Therefore, in the facts and circumstances and in view of the aforesaid development and the injury certificate as also in view of the guidelines laid down by the Hon''ble Apex Court in a judgment in case Madan Mohan Abbot Vs. State of Punjab, , the present application deserves to be allowed. In the said judgment, it is observed that if the dispute is of private nature and if the parties have settled, FIR may be quashed. Therefore, the present application deserves to be allowed.

4.

In the circumstances, the present application stands allowed in terms of Para No. 8b. The FIR being C.R. No. I-66/2012 registered with Rajkot ''A'' Division Police Station, Rajkot is hereby quashed and set aside. Rule is made absolute. Direct service is permitted.