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Judgment
Rajesh H. Shukla, J.—RULE. Learned A.P.P., Mr. H.L. Jani for the Respondent No. 1-State and learned Counsel, Mr. Shakeel A. Qureshi for the Respondent No. 2-original complainant waive service of notice of rule.
The present application has been filed by the applicants u/s 482 of the Code of Criminal Procedure, 1973 for the prayer that FIR being C.R. No. I-157/2011 registered with Katargam Police Station may be quashed and set aside on the grounds mentioned in the application.
Heard learned Counsel, Mr. Hardik Dave for the applicants, learned A.P.P., Mr. H.L. Jani for the Respondent No. 1-State and learned Counsel, Mr. Shakeel Qureshi for the Respondent No. 2.
Learned Counsel, Mr. Shah for the applicants and learned Counsel, Mr. Qureshi for the complainant have stated that the dispute was regarding the commercial transaction and the outstanding amount, which has now been amicable settled and, therefore, the impugned FIR may be quashed and set aside.
However, learned A.P.P., Mr. Jani has stated that by such procedure, the amount is sought to be recovered by putting pressure and, therefore, appropriate order at-least for the cost may be passed.
In view of the fact that the dispute has been amicable settled, it is desirable to quash the FIR as No. fruitful purpose would be served by allowing the prosecution to proceed further. However, as it is admittedly stated about the commercial transaction for which the complaint has been filed, cost is required to be imposed.
In the circumstances, the present application stands allowed in terms of Para No. 10b. The impugned FIR being C.R. No. I-157/2011 registered with Katargam Police Station is hereby quashed and set aside. Rule is made absolute. Direct service is permitted.
The original complainant is directed to deposit an amount of Rs. 5,000/- (Rupees Five Thousand Only) before the registry of this Court, which will be transmitted to the Legal Aid, Gujarat High Court, Sola, Ahmedabad.