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Gaurang vs State

High Court Of Gujarat|07 May, 2010
The applicant has filed this application through his father and power of attorney holder with the following prayer:
"(A) That this Hon'ble Court be pleased to quash and set aside IR bearing I C.R. No.558 of 2006 registered at Naranpura Police Station, Ahmedabad and the proceedings prior and pursuant thereto against the applicant for the interest of justice;
At the outset, learned advocates appearing for the applicant and respondent No.2 have jointly submitted that both the parties have arrived at an amicable settlement to end their matrimonial dispute. So far as the complainant No.2 is concerned she has filed an affidavit dated 06.05.2010 and stated that with intervention of family members of the applicant as well as respondent No.2, dispute between them no longer survives and they have decided to live separately, and therefore, complaint is to be quashed. Even a compromise was arrived on 09.04.2010 between the parties is also produced, which is ordered to be taken on record.
In view of the above and considering the agreement for compromise, affidavit filed by the complainant whereby it is declared that the dispute between the parties with regard to the subject complaint no more exists and they have arrived at an amicable settlement, I am of the opinion that continuation of criminal proceedings against the applicant will entail undue hardship and mental agony. A case is made out to exercise powers under Section 482 of the Code of Criminal Procedure, 1973.
This application is allowed accordingly. Impugned complaint is hereby quashed quashed.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top
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