Criminal proceedings arising from private disputes may be quashed under Section 482 of the Code if the parties reach an amicable settlement, as further continuation of such proceedings would constitute an abuse of the process of law and unnecessary harassment.

ORAL ORDER

1. Rule.

Learned APP waives service of notice for and on behalf of the respondent – State.

2. The present application is filed for quashment of FIR being I-CR No.112/2013 registered at Mundra Police Station, District: Kutch for the offences punishable under section of 406, 407, 417, 114 of Indian Penal Code and chargesheet filed being Criminal Case No.185 of 2014.

3. At the outset, it is submitted by learned advocate Mr. Ratanpara for the applicants that the dispute which is private in nature has been resolved and now the present applicant has paid all the amount to the complainant which was the subject matter of filing the FIR. It is submitted that though it is the offence of 2013 and trial has commenced wherein two witnesses have been examined, but till date evidence of complainant has not been recorded. It is submitted that as the complainant has given no objection for quashment of FIR continuation of proceedings would be abuse of process of law. Learned advocate Mr. Garchar appearing for the respondent no.2 has reiterated the averments made in the affidavit at page:31 in presence of the complainant who is present through video conference and identified by the learned advocate. It is submitted that in view of the settlement and the consent given by the complainant, the impugned FIR deserves to be set aside.

4. Heard the learned advocates appearing for the parties. This Court has referred the affidavit at page:31 filed by the complainant which is reproduced hereinbelow:

"1. That I am the original complainant in filed being FIR No. 112/13 registered with Mundra Police Station, Kutch u/s. 406, 407, 417, 114 of the IPC in which investigation officer filed an charge sheet, I am the employee of the company Swaminarayan Vijay Carry-Trade Privet Limited directors of the company give me authorization for the settlement of issue, FIR was also register by me therefore I file this additional affidavit in support of petition.

2. I say and submit that the disputes between me and applicant so called accused have been amicably settled in presence of the some respectable people, applicants were returned the goods to my company as alleged in FIR, my company have no objection and I are further have no grievances with applicants accused now disputes amicably settled.

3. I say and submit if this Honorable Court pleased to allow and grand present application in the aforesaid Criminal Case No.1185 of 2014 pending before the Learned Additional Chief Judicial Magistrate, Mundra then I have no objection.

4. That I am present personally before this Honorable Court and I state and submit on oath, that I withdraw all the charges leveled against the present applicant, in the Criminal Case No.1185 of 2014 pending before the Learned Additional Chief Judicial Magistrate, Mundra.

5. That I say and submit that I have no grievance left against the present applicants and I have compromised the matter with applicant, I am personally present at the time of the hearing of the present application, Therefore do not wish to oppose the aforesaid application and I have no objection if the same is allowed."

5. Having heard the learned advocates appearing for the respective parties, considering the nature of dispute as well as considering the affidavit and taking into consideration the decisions rendered by the Apex Court in the cases of ‘Gian Singh Vs. State of Punjab & Anr.’, reported in (2012) 10 SCC 303, ‘ Madan Mohan Abbot Vs. State of Punjab ’, reported in (2008) 4 SCC 582, ‘Nikhil Merchant Vs. Central Bureau of Investigation & Anr.’, reported in 2009 (1) GLH 31 ‘Manoj Sharma Vs. State & Ors.’, reported in 2009 (1) GLH 190 and ‘Narinde