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CR.MA/3578/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3578 of 2010
with
CRIMINAL
MISC.APPLICATION No. 3604 of 2010
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GOVINDBHAI
CHATURBHAI PATEL & others
Versus
STATE
OF GUJARAT & another
======================================
Appearance :
Mr.
Chintan S. Popat for MR
HARNISH V DARJI for Applicants [in Criminal Misc. Application No.3578
of 2010]
Mr.
P.P. Majmudar for the applicants [in Criminal Misc. Application
No.3604 of 2010]
Mr.
Kartik Pandya, Additional Public Prosecutor, for respondent
No.1
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/04/2010
COMMON
ORAL ORDER
1 Both
the applications are filed under
Section 482 of the Code of Criminal Procedure, 1973 [for short, ‘the
Code’] to quash and set aside the complaints filed [against each
other] by the applicants. In Criminal Misc. Application No.3578 of
2010, the prayer is made to quash and set aside the complaint being
C.R. No.I-44 of 2010 registered with Deesa Rural Police Station for
the offences punishable under Sections 323, 504, 147, 143 of the
Indian Penal Code and Section 135 of the Bombay Police Act, whereas,
in Criminal Misc. Application No.3604 of 2010, the prayer is made to
quash and set aside the complaint being C.R. No.I-43 of 2010
registered with Deesa Rural Police Station for the offences
punishable under Sections 307, 323, 504, 147, 148, 149, 143 of the
Indian Penal Code and Section
135 of the Bombay Police Act and Section 25(1)C of the Arms Act.
2 The
learned advocates for the parties jointly submit that an amicable
settlement has been arrived at by the parties and affidavits are
filed by the complainant of respective complaints in both the
applications that, if the impugned complaints are quashed, they have
no objection and the settlement which is arrived at is without any
force or misrepresenation. Copies of the affidavits are ordered to be
taken on record.
3 Considering
the submissions made by the learned advocates for the parties, nature
of complaint, civil suit filed by the parties concerned and now
amicable settlement is arrived and so declared in the affidavits on
oath by the complainants of respective complaints, in my view, no
useful purpose would be served in continuing with the criminal
proceedings. Hence, a case is made out to exercise powers under
Section 482 of the Code and, accordingly, the impugned complaints are
quashed and set aside. Both the applications are allowed to the
aforesaid extent.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
(swamy)
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