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GITA GOPI
Sandeepbhai Manubhai @ Rameshbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being I-C.R. No.11216001200302 of 2020 registered with Adalaj Police Station, Dist.: Gandhinagar for offences punishable under sections 504, 506(2) and 114 of IPC.
2. Mr. Jucky Lucky Chan, learned advocate for the applicant submitted that the quashing of the complaint was prayed for on the ground of settlement between the parties. He submits that parties have settled the dispute amicably outside the Court and that there remains no grievance between them. Therefore, in the larger interest of the society, the impugned complaint may be quashed and set aside.
2.1 Learned advocate submitted that the Court may verify the said aspect from the original complainant - respondent no.2.
3. Earlier too, the fact of settlement was apprised to the Court, when Mr. G.N. Patel representing the complainant – respondent no.2; since deceased, today Advocate Ms. Anjali Parmar submits that she has instruction to appear on behalf of respondent no.2 - original complainant and seeks permission to file Vakalatnama. The vakalatnama be taken on record.
4. The affidavit of the ori
The Court can exercise inherent powers under section 482 of the Cr.P.C. to quash proceedings based on a settlement between the parties, especially in cases with a private or civil nature, to prevent ....
whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC
The court can exercise inherent powers under section 482 of the Cr.P.C. to quash a criminal proceeding based on the settlement of a dispute between the parties, as laid down by the principles establi....
Admittedly, the dispute is a private and personal affair. The injury sustained does not involve any mental depravity nor amounts to a heinous crime. In view of the settlement arrived at between the p....
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