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GITA GOPI
ANIL MANOHAR MUNSHI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule. Learned APP and Mr. Nilay A. Thaker, learned advocate waives service of notice of rule on behalf of the respective respondents. By consent, Rule is fixed forthwith.
2. This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No. I-53 of 2000 registered with Navrangpura Police Station, District Ahmedabad for offences punishable under sections 406, 420, 465, 467, 471 and 120B of IPC, Criminal Case No. 1682 of 2000 and other proceedings initiated in pursuance thereof.
3. Mr. Nisarg P. Raval, learned advocate for the applicants submits that quashing petition was filed on the ground of settlement between the parties. Mr. Raval states that it is an issue with regard to property of commercial complex and the complainant has settled the dispute with the applicant, 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.
4. Learned APP has produced report of the police inspector, Navrangpura Police Station, Ahmedabad City verifying the factum of settlement whose statement was recorded on 04.02.2023, who has
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 Cr.P.C. to quash criminal proceedings if the settlement makes conviction unlikely and continuing the case would cause oppression and prejudice to the accu....
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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