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SCR.A/200/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 200 of 2010
=============================================
MAHAVIRSINH
BHAGWATSINH BARAD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
PP MAJMUDAR for Applicant(s) : 1 - 2.
PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR CR ABICHANDANI for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 12/04/2010
ORAL
ORDER
This
petition under Articles 226 of the Constitution of India read with
Section 482 of the Code of Criminal Procedure, 1973 with a prayer to
quash criminal complaint being CR I No.155 of 2008 registered with
Ghatlodia Police Station, Ahmedabad and the charge sheet pursuant to
that filed in the competent court of law.
It
is jointly submitted by learned advocate for the petitioner as well
as complainant that parties have arrived at an amicable settlement
and it is so declared on oath by filing affidavit dated 30.01.2010
and produced on record of this petition. It is, therefore, submitted
that powers under Section 482 of the Code of Criminal Procedure, 1973
be exercised by quashing and setting aside the impugned complaint and
the charge sheet.
Learned
APP for the respondent-State of Gujarat submits that pursuant to FIR,
investigation was carried out and the charge sheet is already filed.
Having
heard learned advocates for the parties and considering the affidavit
dated 30.01.20190 filed by the complainant that if the proceedings
are quashed, he has no objection in view of the settlement arrived at
between the parties and considering the decision of the Apex Court in
the case of Nikhil Merchant v. Central Bureau of Investigation
[(2008)9 SCC 667], this Court is of the opinion that continuation of
the proceedings between the parties will entail undue agony and
hardship and the ends of justice would be secured if the impugned
complaint and charge sheet are quashed and set aside in exercise of
powers under Section 482 of the Code of Criminal Procedure, 1973.
In
view of the above, complaint being C.R. No.I-155 of 2008 filed at
Ghatlodia Police Station, Ahmedabad and the charge sheet filed
pursuant to the above complaint are hereby quashed and set aside.
This application is allowed to the aforesaid extent only.
Direct
service is permitted.
[Anant
S. Dave, J.]
*pvv
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