CR.MA/15374/2011 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 15374 of 2011 [ENTITY] - Applicant(s) Versus [ENTITY] & 1 - Respondent(s) Appearance : MR [ENTITY] for Applicant Mr. [ENTITY], APP, for respondent No.1 MS [ENTITY] for Respondent No.2 CORAM : HONOURABLE MR.JUSTICE [ENTITY] Date : 30/03/2012 ORAL ORDER
1 Rule.
Service is waived. Upon the joint request made by the learned advocates for the parties, this matter is taken up for final disposal.
2 This application under [SECTION] of the [ACT] [for short, 'the Code'] is filed by the applicant to quash the FIR being [CASE NUMBER] registered with Ghatlodiya Police Station, Ahmedabad, for the offences punishable under [SECTION] and [SECTION] of the [ACT].
3. It is submitted that, with regard to the subject complaint, as per the order dated 20.3.2012 passed in [CASE NUMBER] filed by respondent No.2, the learned Metropolitan Magistrate, Court No.19, Ahmedabad, has recorded that, "as per the compromise purshis, the article/items of 'sridhan' are exchanged and no grievance survives". Accordingly, in this proceeding also, the complainant-wife has filed affidavit dated 29.3.2012, and in paragraphs, 2 to 5, it is stated as under:
"2. I say that this Hon'ble Court has passed the order dated 31.1.2012: "Upon hearing the learned advocates for the parties, it is clarified that pendency of this application and grant of ad-interim relief in terms of paragraph 6[c] vide order dated 10.11.2011 shall not preclude the learned Metropolitan Magistrate, Court No.19, Ahmedabad, from dealing with the subject matter pertaining to [CASE NUMBER] and application under [SECTION] of the [ACT] filed by the aggrieved person to the extent of exchange of items of 'sridhan'."
3. I say that pursuant to the said order dated 31.1.2012 of this Hon'ble Court the petitioner returned the gold ornament, silver articles and other articles for which I filed [CASE NUMBER] in the court of learned Metropolitan Magistrate Court, No.19, Ahmedabad, to me and pursis for exchange of the said articles list which returned to me was also signed by present petitioner and me which was submitted in the said Hon'ble Court.
4. I say that after the said pursis, accepted by the said Hon'ble Court and Hon'ble Court permitted me to withdraw the said [CASE NUMBER] filed by me. Therefore, the said application U/[SECTION] of the [ACT] to issue search warrant, is withdrawn by me and it is disposed by the said Hon'ble Court vide order dated 20.3.2012 which is produced by the petitioner before this Hon'ble Court in this proceedings.
5. I say that F.I.R. lodged by me with Ghatlodiya Police Station, bearing [CASE NUMBER] for the offences punishable under [SECTION] and [SECTION] of the [ACT] against the present petitioner which is at Annexure A of this petition is prayed by the petitioner to be quash the said FIR.
In view of the above stated development as the dispute does not survive, therefore, I request to this Hon'ble Court to pass appropriate order in this petition."
4 Considering the nature of dispute and the settlement arrived at between the parties and in view of the law laid down by the Apex Court in the cases of [PRECEDENT], and [PRECEDENT], in my view, relegating the petitioner to undergo the rigors of trial is not just and proper.
Hence, a case is made out to exercise powers under [SECTION] of the Code to secure ends of justice and, accordingly, the impugned complaint is quashed and set aside. The application is allowed to the aforesaid extent. Rule is made absolute. Direct service is permitted.
([ENTITY], J.) (swamy)