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CR.MA/14374/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14374 of 2009
=======================================================
MOHAMMAD
SADIQ GULAMNABI JANKHWALA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=======================================================
Appearance :
MR
KB ANANDJIWALA for Applicant(s) : 1 - 2.
MR KARTIK PANDYA APP for
Respondent(s) : 1,
MS ARCHANA R ACHARYA for Respondent(s) :
2,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 23/02/2010
ORAL
ORDER
Rule.
Learned A.P.P., Mr.Kartik Pandya for the respondent no.1-State of
Gujarat and learned counsel, Ms.Archana Acharya for the respondent
no.2 waive service of notice of rule.
Learned
advocates appearing for the parties under the instruction stated
that the disputes between the complainant and the accused have been
amicably settled. They produced the settlement agreement jointly
signed by all concerned. Counsel for the petitioner as well as for
the complainant stated that their respective clients are also
present before the Court.
Considering
the above development, considering the nature of allegations and the
finding that the complaint appears to have arisen on account of the
business disputes, when the parties have decided the settle the
issues, I find that no useful purpose would be served in permitting
further investigation.
Under
the circumstances, application is allowed by quashing complaint
dated 02.12.2009 Annexure-A bearing C.R.No.I-227/2009 registered
with Himmatnagar Town Police Station.
Parties
may apply to the concerned Police Station for release of seized
articles. If such application is made, same shall be decided before
proceeding further with the auction.
Rule
is made absolute. Direct service is permitted today.
(AKIL
KURESHI,J.)
/patil
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