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CR.MA/11614/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11614 of 2009
=============================================
MANDHRA
HASAN ISHAQ - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance
:
MR SK PATEL for Applicant(s) :
1,
MR KARTIK PANDYA ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
RULE SERVED BY DS for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 26/04/2010
ORAL
ORDER
1. This
application under Section 482 of the Code of Criminal Procedure,
1973, is filed with a prayer to quash and set aside the complaint
being M.Case No.11/2007 registered with Kothura Police Station for
the offence punishable under Sections 465, 467, 471, 120B and 114 of
Indian Penal Code, charge sheet dated 15.1.2008 submitted before the
competent court of law produced at Annexure A to this application
collectively and Criminal Case No.70/2008 pending in the Court of
learned J.M.F.C., Naliya, Dist: Kachchh.
2. By
an order dated 9.10.2009, learned Single Judge (Coram: Hon’ble Ms.
H.N.Devani) issued rule and granted ad-interim relief by staying
further proceedings of the impugned complaint and later on upon
service of notice of rule, respondent No.2 has filed his appearance
through learned advocate Mr. Dipak Patel.
3. At
the outset, learned advocates appearing for the parties have jointly
submitted that the parties have arrived at an amicable settlement and
in fact a pursis signed by the parties was produced before learned
J.M.F.C but in view of certain offences mentioned in the charge
sheet, learned J.M.F.C. was unable to exercise his powers and
thereafter this application is filed under Section 482 of the Code.
4. The
affidavit signed by the legally Constituted Attorney holder of Mrs.
Mradula C. Daulat is produced and accordingly, it is stated that the
complainant is not interested in pursuing the matter before the Court
and dispute pertaining to property is compromised.
5. Considering
the above, learned advocates for the parties have submitted that to
avoid undue harassment and hardships to face the litigation before
the court concerned and the dispute is amicably settled between the
parties, the powers under Section 482 of the Code be exercised.
6. In
view of above submissions of learned advocates for the parties,
perusal of the joint pursis and the affidavit of the power of
attorney of the complainant, I am of the opinion that the complaint
was also filed by the power of attorney holder of Mrs. Mradula C.
Daulat and after filing of charge sheet, the parties have arrived at
an amicable settlement and considering the law laid down by the Apex
Court in various cases, I am inclined to exercise powers under
Section 482 of the code to secure the end of justice and accordingly
the impugned complaint, charge sheet and the pending criminal case
before the Court are hereby quashed and set aside. The parties are
directed to act in accordance with joint pursis and the affidavit
filed with regard to the settlement of dispute.
7. This
applicantion is allowed accordingly qua the applicant. Rule is made
absolute accordingly.
[ANANT
S. DAVE, J.]
//smita//
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