CR.MA/15000/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 15000 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 ? ========================================================= DR RAMANBHAI S PATEL - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR KJ PANCHAL for Applicant(s) : 1, Mr. R.C.Kodekar, A.P.P for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 26/11/2008 ORAL JUDGMENT Rule. Learned counsel Mr. Dipak Joshi, appears for respondent no.2, the original complainant, and learned A.P.P appears for respondent no.1 and waive service with a request to hear and dispose the matter CR.MA/15000/2008 2/2 JUDGMENT today in view of the settlement of the private dispute between the complainant and the accused persons. Learned counsel have relied upon recent judgement of the Supreme Court in Madan Mohan Abbot V/s. State of Punjab reported in (2008) 2 SCC (Cri) 464 in support of the submission that further proceeding in the criminal case pursuant to the complaint registered as CR No.-I 402 of 2003, with Ghatlodiya Police Station, Ahmedabad would be futile exercise, since there was no possibility of any result in favour of the prosecution. Accordingly, by joint request, the petition is allowed and the aforesaid F.I.R registered as CR No. I-402 of 2003 with Ghatlodiya Police Station, Ahmedabad alongwith all the other proceedings and criminal cases pending pursuant thereto, are quashed, as admittedly the private dispute among the parties is amicably settled. Rule is made absolute with no order as to costs. (D.H.WAGHELA,J.) Jyoti