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CR.MA/4499/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4499 of 2010
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MADHUSUDAN
NARBHERAM FATAK (PATEL) & another
Versus
STATE
OF GUJARAT & another
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Appearance :
MR
ASHISH M DAGLI for Applicants
Mr.
Shivang Shukla, Additional Public Prosecutor, for respondent No.1
Ms.
Shilpa Shah for respondent
No.2
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/04/2010 ORAL ORDER
1 Heard
the learned advocates for the parties.
2 Learned
advocates for the parties have jointly submitted that the parties
have arrived at amicable settlement and the complainant received
Rs.13 lakhs. Affidavit dated 27.4.2010 has been filed by the
complainant who, present in the court, adheres to the contents of
the said affidavit. It is further submitted that, so far as other
accused are concerned, this Court, by order dated 19.2.2010 passed in
Criminal Misc. Application No.5720 of 2009, quashed the impugned
complaint qua the said applications of that application.
3 Considering
the above, averments made in the first information, allegations
levelled against the applicants herein and nature of transaction and
the affidavit dated 27.4.2010 filed by the complainant,
I deem it just and proper to exercise powers under Section 482 of the
Code and quash the impugned complaint qua the applicant.
4. The
affidavit dated 27.4.2010 filed
by the complainant is ordered to be taken on record and
shall form part of this order.
5 This
application is allowed accordingly. The impugned complaint is quashed
qua the applicants. The applicants are directed to deposit Rs.5000/-
with the Gujarat State Legal Service Authority forthwith. Direct
service is permitted.
(ANANT
S. DAVE, J.)
(swamy)
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