CR.MA/4993/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 4993 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= JAYESH HARILAL DALAL & 4 - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================= Appearance : MR ASHISH M DAGLI for Applicant(s) : 1 - 5. Mr. R.C.Kodekar, A.P.P. for Respondent(s) : 1, MRS YOGINI V PARIKH for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 15/12/2008 ORAL JUDGMENT Rule. Learned counsel for the respondents waive service. Learned counsel, appearing on both the sides, for the contesting parties, have jointly submitted a copy of the agreement dated 13.12.2008, by which the dispute inter-se leading to the criminal complaint is stated to have CR.MA/4993/2008 2/2 JUDGMENT been fully and finally settled. It was further submitted that the parties have now finally agreed on the figure of Rs. 16,75,000/-, which shall be paid in terms of the said agreement and no civil dispute or criminal complaint would survive. It was, on that basis, jointly requested that the petition may be allowed to that extent and the parties may be relieved of the pending litigation. Learned A.P.P submitted that, during pendency of the Inquiry Case No. 4 of 2008, some investigation was carried out and it prima facie appears that offences punishable U/s. 406 were made out. However, in view of the parties having amicably settled the dispute, the prosecution may not succeed and the dispute was otherwise of a civil nature. In the above facts and circumstances, upon joint request of the parties and by consent, without entering into the merits of the averments made in the petition or the original complaint, the petition is allowed and the original Inquiry Case No. 4 of 2008 and Criminal Case No. 11604 of 2008, alongwith all the proceedings pursuant thereto, are quashed. It is stated on behalf of the parties that they will abide by the terms and conditions of the agreement of which a copy is placed on record, and the final amount of Rs. 16,75,000/- shall be paid according to the agreement after deducting Rs. 2,51,111/-. Rule is made absolute accordingly with no order as to costs. Direct service permitted. Sd/- (D.H.WAGHELA,J.) Jyoti