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CR.MA/4785/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4785 of 2010
=============================================
GAURANG
SURESHBHAI SHETH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
BN LIMBACHIA for Applicant(s) : 1,MR.MRUDUL M BAROT for Applicant(s)
: 1,
MR SHIVANG J SHUKLA ADDL. PUBLIC PROSECUTOR for Respondent(s)
: 1,
MR KALPESH PUROHIT for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/05/2010
ORAL
ORDER
The
applicant has filed this application through his father and power of
attorney holder with the following prayer:
“(A) That
this Hon’ble Court be pleased to quash and set aside IR bearing I
C.R. No.558 of 2006 registered at Naranpura Police Station, Ahmedabad
and the proceedings prior and pursuant thereto against the applicant
for the interest of justice;
At
the outset, learned advocates appearing for the applicant and
respondent No.2 have jointly submitted that both the parties have
arrived at an amicable settlement to end their matrimonial dispute.
So far as the complainant No.2 is concerned she has filed an
affidavit dated 06.05.2010 and stated that with intervention of
family members of the applicant as well as respondent No.2, dispute
between them no longer survives and they have decided to live
separately, and therefore, complaint is to be quashed. Even a
compromise was arrived on 09.04.2010 between the parties is also
produced, which is ordered to be taken on record.
In
view of the above and considering the agreement for compromise,
affidavit filed by the complainant whereby it is declared that the
dispute between the parties with regard to the subject complaint no
more exists and they have arrived at an amicable settlement, I am of
the opinion that continuation of criminal proceedings against the
applicant will entail undue hardship and mental agony. A case is
made out to exercise powers under Section 482 of the Code of Criminal
Procedure, 1973.
This
application is allowed accordingly. Impugned complaint is hereby
quashed quashed.
Direct
service is permitted.
[Anant
S. Dave, J.]
*pvv
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