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CR.MA/4009/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4009 of 2010
=========================================================
CHINMAY
NIKHILBHAI DALAL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
TEJAS M BAROT for
Applicant(s) : 1,
Mr Kartik Pandya, addl.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/04/2010
ORAL
ORDER
1. This
application under section 482 of the Code of Criminal Procedure, 1973
(for short, the Code ) is preferred to quash and set aside the
complaint being II-CR No.3105 of 2010 registered with Vejalpur
Police Station, Ahmedabad for offences punishable under section 67 of
the Information and Technology Act, 2000 and section 500 of Indian
Penal Code.
2. At
the outset, Mr Tejas Barot, learned Advocate for the applicant and
Mr Hardik Brahmbhatt, learned Advocate for the respondent
No.2-complainant jointly submit that the parties have arrived at an
amicable settlement and agreement of settlement dated 15.4.2010
affirmed before Notary is placed on record. Besides, the parties
namely, the applicant and respondent No.2 are also present in the
court and adhered to the terms and conditions of the above
settlement. The above agreement of settlement dated 15.4.2010 shall
form part of this order.
3. Having
heard the learned Advocates appearing for the parties, perusal of
complaint and agreement of settlement arrived at between the parties
by which they have decided to end the dispute and withdraw the
proceedings pending before the court, I deem it just and proper to
exercise power under section 482 of the Code to secure ends of
justice so as to avoid any further agony or undue harassment of
facing litigation before the concerned court. Accordingly this
application is allowed. The impugned complaint is quashed and set
aside. Direct service is permitted.
[ANANT
S. DAVE, J.]
msp
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