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CR.MA/3099/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3099 of 2011
=========================================================
JITENDRAKUMAR
CHANDULAL PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
SHRIKAR
H BHATT for
Applicant(s) : 1,
MR KARTIK PANDYA APP for Respondent(s) :
1,
MRBHAVIKJPANDYA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 15/03/2011
ORAL
ORDER
1. Learned
counsel for the parties have requested the Court for taking up the
matter for final disposal in view of the settlement arrived at
between the parties i.e. original complainant and accused-petitioner
herein. The
compromise pursis is produced at page Nos.7 and 8.
2. This Court (Coram:
M.D. Shah, J.), on 09.03.2011, passed the following order:-
“It is submitted
by Mr.Bhatt, learned Advocate appearing for the applicant –
original accused that matter is settled between the parties and
settlement terms is placed on record. Original complainant is present
in the Court and is identified by Mr.Bhavik Pandya, learned Advocate
appearing for respondent no.2 – original complainant. It is
stated by the complainant that as per settlement, he has received the
due amount from the petitioner as well as Tavera – Car.
In view of above, Rule
returnable on 15.03.2011. Ms.C.M.Shah, learned APP waives service of
rule on behalf of respondent no.1. Mr.Bhavik Pandya, learned Advocate
waives service of rule on behalf of respondent no.2.”
3. In view of the
compromise pursis and looking to the nature of allegations, the Court
need not elaborately dwell upon other aspects. Suffice it to say that
non quashing of the complaint would not entail the desired result and
would not serve end of justice in any manner. The compromise pursis
shows that the dispute is amicably resolved and, therefore, the
complaint impugned in this proceedings is required to be quashed in
the interest of justice and is accordingly quashed. Rule is made
absolute.
(S.R.
BRAHMBHATT, J.)
Hitesh
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