1 Rule returnable forthwith. Ms. Chandarana, the learned additional public prosecutor waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Pujara, the learned advocate has entered appearance on behalf of the respondent No.2 original first informant and waives service of notice of rule.
2 By this application, the applicantsoriginal accused seek to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the First Information Report vide C.R. No.I175 of 2014 registered with the Jetpur City Police Station, Rajkot Rural of the offence punishable under Sections 406, 420 and 419 of the Indian Penal Code.
submitted by the learned advocates appearing for the respective parties that the dispute has been amicably resolved between the parties and the respondent No.2 has no objection if the first information report is quashed. The respondent no.2 viz. Chirag Devsibhai Kachadiya is personally present in the Court and he is being identified by his learned advocate Mr. Pujara. He has also filed an affidavit dated 04.03.2015 interalia stating as under: "I, Chirag Devsibhai Kachadiya, Aged years, Occ: Service, Male, resident of Gopawadi, Jetput, Dist. Rajkot, the respondent no.2 (ori. Complainant) herein do hereby file this affidavit as under:
I say and submit that I have lodged First Information Report with Jetpur City Police Station as CR No.I175 of 2014 and after registration of the FIR, the dispute between myself and petitioners came to be settled with the help of friends, relatives and community people and now no ill will or grievance exist amongst us. I say and submit that the FIR came to be lodged by me on account of minor misunderstanding and misconception which has already been sorted out. Even amount of Rs. 2 lakhs also repaid to the firm and known as R.C. Enterprise where I am serving and now no grievance exist amongst us and in view of this peculiar facts and circumstances, I earnestly urge this Hon'ble court to consider the case of the petitioners by terminating the prosecution as prayed for by petitioner in the petition is allowed I have no objection in the interest of justice qua the petitioners.
What is stated hereinabove is true to the best of my knowledge, information, belief and I believe the same to be true."
4 Taking into consideration the fact that the dispute between the parties has been amicably settled, no useful purpose would now be served to continue with the investigation. The affidavit is ordered to be taken on record.
R/CR.MA/6456/2015 ORDER 5 In the result, this application is allowed. The First
Information Report vide C.R. No.I175 of 2014 registered with the Jetpur City Police Station, Rajkot Rural of the offence punishable under Sections 406, 420 and 419 of the Indian Penal Code is hereby quashed. Consequently, all further proceedings pursuant thereto shall stand terminated. Rule is made absolute. Direct service is permitted.
6 The Registry shall accept the vakalatnama of Mr. Pujara the learned advocate who has entered appearance on behalf of the respondent no.2.
(J.B.PARDIWALA, J.) chandresh Page 3 of 3