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CR.MA/1043320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10433 of 2008
============================================
PARAGKUMAR
KISHOREBHAI SHETH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
============================================
Appearance
:
MR JAL SOLI
UNWALA for Applicant(s) : 1 - 2.
MS FALGUNI
PATEL ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) : 2,
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/08/2008
ORAL
ORDER
1. This
petition is filed with following prayer:
4(a)
This Hon’ble Court may be pleased to exercise the powers under the
provisions of section 482 and 320 of the Code of Criminal Procedure,
1973 and thereby be pleased to quash the criminal complaint being
Criminal Inquiry No.13/1999 filed before the learned JMFC, Vadnagar
and the M.Case No.11/99 filed before Vadnagar Police Station, Taluka
Vadnagar, District Mehsana, as per Annexure-A colly and be pleased to
allow the petitioners herein to compound the offences for which
complaint has been filed and be pleased to allow the respondent No.2
herein to withdraw the complaint at Annexure-A colly;
(b)
pending the hearing and final disposal of this application, be
pleased to stay all further proceedings in connection with criminal
complaint being Criminal Inquiry No.13/1999 filed before the learned
JMFC, Vadnaar and the M.Case No.11/99 filed before Vadnagar Police
Station, Taluka Vadnagar, District Mehsana, as per Annexure-A colly.
2. Learned
advocates appearing for the parties, jointly submit that there is no
dispute with regard to the pursis dated 15th July, 2008
filed on affidavit and signed by both the parties. The affidavit is
drawn on the consent terms and conditions and, therefore, the request
is made to exercise powers under Section 482 of the CrPC and quash
the Criminal complaint.
3. Having
heard learned advocates appearing for the parties, considering the
consent terms on affidavit dated 15th July, 2008, signed
by the parties on the terms and conditions therein, I deem it just
and proper to exercise the powers under Section 482 of the CrPC.
4. In
view of the above, this application is required to be allowed in
terms of prayer 4(a) and accordingly, it is allowed. Accordingly
this Criminal Misc. Application stands disposed of.
[ANANT
S. DAVE, J.]
//smita//
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