Nilesh vs State

1. Heard the learned Advocates for the parties.

In this application filed under section 482 of the Code of Criminal Procedure, 1973, following prayers have been made:

"(A) Your Lordships be pleased to call for the record and proceedings of FIR registered as CR No.I 360/2009 with Taluka Police Station, Rajkot and after perusing the same be pleased to quash and set aside the impugned FIR, in the interest of justice and equity;

(B) Your Lordships be pleased to stay the further proceedings in pursuance of FIR registered as CR No.I 360/2009 with Taluka Police Station, Rajkot, pending the admission, hearing and final disposal of this petition."

2. On 6.4.2010, after hearing the learned Advocate for the applicants, this court issued RULE and granted ad-interim relief in terms of para 8(B) till final disposal of this matter and hearing of interim relief was kept on 7.5.2010 i.e. today.

3. Later on, the complainant and respondent No.2 has filed Criminal Misc.Application No.4452 of 2010 in the main proceedings with a prayer that he has no objection if the petition is allowed in exercise of powers under section 482 of the Code of Criminal Procedure in view of the amicable settlement between the parties.

4. Mr Pratik Jasani, learned Advocate for the applicants and Mr Premal Rachchh, learned Advocate appearing for the respondent-complainant, at the outset, jointly submitted that in view of the settlement of the disputes pending between the parties and decision to withdraw the cases against each other and on that basis the learned Addl.Senior Civil Judge, Rajkot has also drawn consent decree with regard to the subject matter and, therefore, the parties request the court to exercise powers under section 482 of the Code of Criminal Procedure by allowing the Application.

5. Having heard the learned Advocates for the parties and considering the facts and circumstances of the case and the impugned complaint appears to be an after-thought and now the parties have arrived at compromise and decided to end the disputes pending in the Civil Court as well as before this Court, I am of the opinion that a case is made out to exercise powers under section 482 of the Code of Criminal Procedure to secure ends of justice so as to avoid any further agony or undue harassment of prolonged litigation. The impugned complaint is quashed and set aside. This Application is accordingly allowed qua the applicants. Rule is made absolute accordingly.

[ANANT S. DAVE, J.] msp Top