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Amitkumar Ashokbhai Barot vs State Of Gujarat on 11 February, 2020

R/CR.MA/3095/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 3095 of 2020

AMITKUMAR ASHOKBHAI BAROT
Versus
STATE OF GUJARAT

Appearance:
DHARITRI PANCHOLI(7502) for the Applicant(s) No. 1,2,3,4
MR. RAJESH G BAROT(7134) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2
MR MANAN MEHTA, APP (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 11/02/2020

ORAL ORDER

1. Learned advocate Mr. Darshan Dave states that he has
instructions to appear for respondent No.2 – complainant. He is
permitted to file his Vakalatnama. He has produced affidavit of
the complainant, which is ordered to be taken on record.

2. Respondent no.2 – complainant is present before the Court
and admits correctness and genuineness of the affidavit filed by
her through her learned advocate. Learned advocate Mr.Darshan
Dave identifies respondent no.2 and confirms correctness and
genuineness of the affidavit filed by her.

3. Rule. Learned A.P.P. and learned advocate Mr.Darshan
Dave waive service of Rule for respondent Nos.1 and 2
respectively. Learned APP objects quashment of present
proceedings on the premise of settlement.

4. With the consent of learned advocate for the applicants and
learned advocate for respondents, present application is taken up
for final disposal today.

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R/CR.MA/3095/2020 ORDER

5. By way of the present application under Section 482 of the
Code of Criminal Procedure, 1973 (for short, the ‘Code’), the
applicants pray for quashing and setting aside the F.I.R. being
No.11196002200091 of 2020 registered with Bapod Police
Station, Vadodara City for the offence punishable under Sections
323, 294(B), 506(2), 498A, 114 of IPC.

6. Learned advocate for the applicants has taken this Court
through the factual matrix arising out of the present application.

7. At the outset, it is submitted that the parties have amicably
resolved the dispute. In support of such submission made at bar
by the learned advocates appearing for the respective parties,
they have placed on record affidavit of settlement of dispute duly
signed by the respondent No.2 – complainant.

8. Since now, the dispute with reference to the impugned
F.I.R. is settled and resolved by and between parties which is
confirmed by the original complainant through her learned
advocate, the trial would be futile and any further continuation of
proceedings would amount to abuse of process of law. Therefore,
the impugned F.I.R. is required to be quashed and set aside.

9. Resultantly, this application is allowed. Impugned F.I.R.
being No.11196002200091 of 2020 registered with Bapod Police
Station, Vadodara City and all other consequential proceedings
arising out of said FIR are hereby quashed and set aside qua the
applicants only. Rule is made absolute to the aforesaid extent.
Direct service is permitted.

(S.H.VORA, J)
SATISH

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