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CR.MA/3225/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3225 of 2010
=========================================================
NILESH
SHIVABHAI KHUNT & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MRPRATIKYJASANI
for Applicant(s) : 1 -
3.
Mr Kartik Pandya, Addl.PUBLIC PROSECUTOR for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/04/2010
ORAL
ORDER
1. Heard
Mr Pratik Jasani, learned Advocate for the petitioners.
2. It
is submitted that the impugned complaint is the third successive
complaint in series and the suits filed by the parties against each
other came to be withdrawn upon agreement and compromise pursis was
filed accordingly and decrees were drawn. Therefore, it is submitted
that the impugned complaint be quashed and set aside.
3. Considering
the above, prima facie, I am of the opinion that the impugned
complaint is an after-thought and the parties have already arrived at
compromise for the civil disputes and the suits came to be withdrawn
and decrees were drawn accordingly. Therefore, continuation of
criminal proceedings pursuant to the impugned FIR would amount to
undue hardship and harassment to the petitioners and, therefore, the
matter deserves consideration at length. Hence,
RULE.
Ad-interim relief in terms of para 8(B) till final disposal of the
matter. Notice as to interim relief returnable on 7th May, 2010.
Direct service is permitted.
[ANANT
S. DAVE, J.]
msp
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