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CR.MA/4564/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4564 of 2010
=========================================================
OMPRAKASH
VARMA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
JB PARDIWALA for
Applicant(s) : 1 - 2.
PUBLIC PROSECUTOR for Respondent(s) : 1,
MR
PRABHAV MEHTA FOR M/S.NANAVATI ASSOCIATES for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/05/2010
ORAL ORDER
Heard
the learned advocates for the parties.
Letter
of Undertaking dated 11.05.2010 is ordered to be taken on record and
shall form part of the order.
In
this application under Section-482 of the Code of Criminal Procedure
( the Code for short), following prayers have been made :
(a) To
pass an order quashing the First Information Report registered as
CR-I, 54 of 2010 dated 17.02.2010 with Kagdapith Police Station,
Ahmedabad and all proceedings instituted on the basis of the said
complaint;
(b) To
pass ad-interim order staying further inquiry or investigation in
connection with First Information Report registered as CR-I, 54 of
2010 with Kagdapith Police Station, Ahmedabad pending hearing and
final disposal of the petition;
(c) To
pass any other appropriate order or direction in favour of the
petitioner which this Hon’ble Court deems fit and proper in the facts
and circumstances of the case.
Upon
issuance of notice, Shri Prabhav Mehta, learned advocate for
M/s.Nanavati Associates appears.
It
is jointly submitted on the basis of Letter of Undertaking that if
this Court exercises powers under Section-482 of the Code by allowing
the prayers in terms of paragraph-13 of the petition, the complainant
has no objection.
Considering
the above and Letter of Undertaking dated 11.05.2010 signed by Shri
Omprakash Varma, Director on behalf of Capital Foods Exports
Pvt.Ltd., I am of the opinion that now no more dispute remains
between the parties and continuance of further proceedings pursuant
to impugned complaint will result into undue hardships and bitterness
amongst the parties and even averments and nature of the allegations
vis-a-vis offence, I think it just and proper to exercise powers
under Section-482 of the Code by quashing and setting aside the
impugned complaint and accordingly, it is quashed and set aside. The
application is allowed accordingly with no order as to costs.
(ANANT
S. DAVE, J.)
~gaurav~
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