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CR.MA/13022/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13022 of 2009
=======================================================
FIRDOS
MOHEMMED KOTHI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=======================================================
Appearance :
MR
YM THAKKAR for Applicant(s) : 1 - 2.
MS CM SHAH APP for
Respondent(s) : 1,
HL PATEL ADVOCATES for Respondent(s) :
2,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/01/2010
ORAL
ORDER
The
applicants are the original accused. They seek quashing of complaint
at Annexure-A. The complainant is the son of the applicant no.1 and
brother of applicant no.2. Offences alleged in the complaint are
punishable under Sections 323, 504, 506(2) read with Section 114 of
the Indian Penal Code. Being a family dispute, the Mediation Centre
was requested to mediate between the parties. The parties remained
present before the Mediator, who has recorded the proceedings and
submitted a report of final settlement. The parties have thus agreed
to withdraw the complaint and resolve their disputes amicably.
Learned counsel for the parties also endorsed this position.
Considering
the developments, looking to the nature of allegations made in the
complaint as well as considering the fact that the disputes are
between the close family members, in facts of the case, I find that
the quashing powers are required to be exercised.
In
the result, complaint at Annexure-A is quashed. This application is
disposed of accordingly.
(AKIL
KURESHI,J.)
/patil
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