R/CR.MA/3806/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3806 of 2020
ANILKUMAR JASHBHAI PATEL
Versus
STATE OF GUJARAT
Appearance:
MR TEJAS M BAROT(2964) for the Applicant(s) No. 1
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2
MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 20/03/2020
ORAL ORDER
[1] Learned advocate Mr. Sankul Kabra, states that he has
instructions to appear for respondent No.2 – complainant.
Learned advocate for respondent complainant is permitted to
file appearance.
[2] Learned advocate Mr. Sankul Kabra confirms identity of
respondent No.2 – original complainant, who is present in the
Court and admits correctness and genuineness of the affidavit
filed by the complainant through learned advocate Mr.
Sankul Kabra, which is produced before this Court and the
same is ordered to be taken on record.
[3] Rule. Learned A.P.P. and learned advocate Mr. Sankul
Kabra waive service of Rule for respondent Nos.1 and 2
respectively. Learned APP objects quashment of present
proceedings on the premise of settlement.
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R/CR.MA/3806/2020 ORDER
[4] With the consent of learned advocate for the applicant
and learned advocate for the respondents, present application
is taken up for final disposal today. The parties are present
before the Court alongwith their respective learned
advocates.
[5] By way of the present application under Section 482 of
the Code of Criminal Procedure, 1973 (for short, the ‘Code’),
the applicant prays for quashing and setting aside the F.I.R.
being M.Case No.2/2006 registered with Vasad Police Station
for the offence punishable under Sections 406, 420, 498A,
472, 114 of the Indian Penal Code and u/s 3 7 of the Dowry
Prohibition Act.
[6] Learned advocate for the applicant 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 –
original complainant, who is present before the Court.
[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 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
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R/CR.MA/3806/2020 ORDER
quashed and set aside.
[9] Resultantly, this application is allowed. Impugned F.I.R.
being M.Case No.2/2006 registered with Vasad Police Station
and all other consequential proceedings arising out of the
impugned FIR against the present applicant is hereby
quashed and set aside. Rule is made absolute to the aforesaid
extent. Direct service is permitted today.
(S.H.VORA, J)
SHEKHAR P. BARVE
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