1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the applicants have prayed for quashing and setting aside F.I.R. bearing C.R.No.11217027211078 of 2021 registered with Radhanpur Police Station, Dist.- Patan for the offences punishable under Sections 324, 323, 504, 506(2), 294(b) and 114 of IPC and Section 135 of the Gujarat Police Act and to quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants.
2. Learned advocate for the applicants states that there are no past antecedents of like nature.
3. Mr. Keval Brahmbhatt, learned advocate states that Mr. Digant Popat, learned advocate has instructions to appear for the respondent no.2-original complainant and seeks permission to file Vakalatnama of Mr. Popat, learned advocate with the Registry. Permission is granted. Registry is directed to accept the same.
4. Heard Ms. Mansi Mulani, learned advocate for the applicants and Keval Brahmbhatt, learned advocate for Mr. Digant Popat, learned advocate for the respondent no.2 – complainant.
5. Both the learned advocates would submit that during the pendency of present petition, the matter is amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law.
6. Learned APP has strongly opposed this application mainly on the ground that the injuries caused are serious in nature.
7. The complainant – respondent No. 2 – Yogeshkumar Jayantilal Raval has filed affidavit stating inter-alia the fact that the matter is amicably settled with the applicants which is annexed at Annexure-D to this application and therefore, in the interest of justice, FIR may be quashed and set aside.
8. Having heard the learned counsel for the parties and considering the facts of settlement and law laid down by the Apex Court [Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303 , [LQ/SC/2012/838 ;] ">(2012) 10 SCC 303 , [LQ/SC/2012/838 ;] [LQ/SC/2012/838 ;] Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582 , [LQ/SC/2008/766] Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC),] this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned FIR would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
9. Resultantly, this application is allowed and the impugned FIR bearing C.R.No.11217027211078 of 2021 registered with Radhanpur Police Station, Dist.- Patan filed against present applicants is hereby quashed and set aside and all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Direct service is permitted.