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SCR.A/435/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 435 of 2011
=========================================
VIKARAMSINH
BHAILALBHAI RAJPUT - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
PP MAJMUDAR for
Applicant(s) : 1,
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR DHAVAL D VYAS for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/03/2011
ORAL
ORDER
1. Present
application is filed by the applicant to quash criminal complaint
being C.R.No.I-44 of 2011 registered with Panigate Police Station,
District Vadodara for the offence under sections 342, 384, 232, 504
and 114 of Indian Penal Code.
2. It
is submitted by Mr.Majmudar, learned Advocate for applicant that
alleged incident took place before seven months from the date of
filing complaint i.e. 18.02.2011. No reasons have been assigned for
delay caused in filing the complaint.
3. It
is submitted by Mr.Dhaval Vyas, learned Advocate for respondent no.2
– complainant that matter is settled between the parties and
now complainant has no grievance against the present applicant.
Affidavit of complainant to this effect is also placed on record.
Complainant is present before this Court, he has stated that without
fear or pressure he has entered into settlement.
4. Heard
learned Advocates for the respective parties. Settlement has been
arrived between the respective parties. Complainant has no grievance
against the applicants.
5. Considering
settlement arrived between the parties, in opinion of this Court, no
useful purpose would be served in continuing with the criminal
proceedings and it will be harassment to the parties. Hence, a case
is made out to exercise powers under section 482 of Criminal
Procedure Code.
6. In
the result, application is allowed. Complaint being F.I.R.
registered vide C.R.No.I-44 of 2011 with Panigate Police Station,
District Vadodara is quashed qua present applicant.
Direct
service is permitted.
[M.D.Shah,
J.]
satish
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