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SCR.A/161/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 161 of 2011
With
SPECIAL
CRIMINAL APPLICATION No. 162 of 2011
=========================================================
SANDIP
A DUDHEKIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
MS CM SHAH, APP(CR.MA161/2011) & MR JK SHAH,
APP(CR.MA NO.162/2011)for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 28/01/2011
ORAL
ORDER
Rule.
Learned APP Ms. C.M. Shah and Mr. J.K. Shah waives service of rule in
respective petitions on behalf of respondent State.
These
are quashing petitions filed by respective original complaints
seeking quashing of complaint Annexure-A being C.R. No.I-140/2010
registered before Shahpur police station (SCR.A. No.161/2011) and
Annexure-A being C.R.No.I-151/2010 registered before Shahpur police
station (SCR.A No.162/2011).
Complaint
filed in nature of cross complaints. Complainant of one is accused in
other. Learned advocates appearing for parties jointly submitted that
both sides have decide to close all the issues and settle the matter
and decided not to press the charges.
In
addition to above, I have also perused the nature of allegations in
the complaint and found that no useful purpose would be served in
permitting further investigation and trial into the complaint in view
of settlement between the parties and in particular since petitioner
of Special Criminal Application No.161/2011 is stated to be a young
boy aged 19 years involved in labour work.
Taking
overall view of the matter, both complaints i.e Annexure-A being
C.R. No.I-140/2010 registered before Shahpur police station
(SCR.A.No.161/2011) and Annexure-A being C.R.No.I-151/2010 registered
before Shahpur police station (SCR.A No.162/2011) are quashed.
Rule
made absolute accordingly. Petitions are disposed of.
The petitioners shall jointly deposit a sum of Rs.10,000/- with the
Gujarat State Legal Services Authority within a week from today.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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