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Judgment
Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, both the petitions are taken up for final disposal forthwith.
By way of these petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners prayed to quash and set aside the FIR being C.R.No.I - 7 of 2018 registered with Rajkot CID Crime Branch Police Station for the offences under Sections 406, 409, 420, 436, 448, 203, 120B, 457 of Indian Penal Code and all the consequential proceedings arising therefrom.
Learned advocates for both the parties state that in view of settlement of divorce entered into between both the parties, present FIR may be quashed, as the complainant do not wish to prosecute the FIR any further. Said settlement deed is taken on record. The complainant is present in the Court personally and states that he does not want to continue with the FIR and he has no objection if the FIR is quashed. The complainant is identified by his advocate.
Having heard the learned advocates appearing for the respective parties and considering the facts and circumstances of the case, settlement affidavit as also taking into consideration the decisions rendered in Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC 303; Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC 582; Nikhil Merchant Vs. CBI & Anr., 2009 (1) GLH 31; Manoj Sharma Vs. State & Ors., 2009 (1) GLH 190; Narinder Singh & Ors. Vs. State of Punjab & Anr., (2014) 6 SCC 466; and State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604, in opinion of this Court, since parties have buried their dispute, the dispute which is already buried need not to be allowed to roll further. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..
In the result, the petitioners are allowed. The impugned FIR being C.R.No.I - 7 of 2018 registered with Rajkot CID Crime Branch Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners.
If the petitioners accused are in jail, the concerned jail authority is directed to release the accused forthwith, if not required in any other case.
Registry to maintain copy of this order in each matter.
Direct service is permitted.