AMITBHAI NAVNITBHAI PATEL Vs. STATE OF GUJARAT
LAWS(GJH)-2013-5-119
HIGH COURT OF GUJARAT
Decided on May 07,2013

Amitbhai Navnitbhai Patel Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

GIAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
JAYRAJSINH DIGVIJAYSINH RANA VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

- (1.)HEARD learned advocate for the petitioners. Rule. Rule is waived by learned advocates for the respective parties and is fixed forthwith.
(2.)THE petitioners have taken out these petitions invoking provision of Section 482 of the Criminal Procedure Code for quashing the complaint being I- C.R. No.956/2004, in both the petitions, lodged with Satellite Police Station, District ­ Ahmedabad for the offences punishable under sections 406, 420, 465, 467, 468, 471, and 120B of Indian Penal.
The matters are compromised and settled between the parties. Learned advocate for the legal heirs of complainant ­ respondent no.2, Shri Jatin V.Modi has placed on record affidavit of legal heirs of complainant-respondent no.2 and submits that he will file his Vakalatnama during the course of the day or latest by tomorrow. In view of this, learned advocates for the parties have requested this Court to dispose of both the matters and the complaint may be quashed.

(3.)LEARNED advocate for the petitioners has relied upon the decision of the Apex Court in case of Gian Singh Vs. State of Punjab and another, reported in (2012) 10 SCC 303, and another decision in case of Jay Rajsinh Digvijaysinh Rana Vs. State of Gujarat & Anr, reported in GLR 2013 (1) pg. 65, as well as the observations of this Court in case of Rajbha Babhbha @ Rajendrasinh Annirudhsinh Sarvaiya & Ors, in Criminal Misc. Application No. 260/2013 decided on 21/2/2013; submitted that in light of the observations in these judgments the FIR in question deserves to be quashed.


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