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Bhratbhai Mansukbhai Hadiyal vs State Of Gujarat on 5 July, 2019

R/CR.MA/12618/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 12618 of 2019

BHRATBHAI MANSUKBHAI HADIYAL
Versus
STATE OF GUJARAT

Appearance:
MR YH MOTIRAMANI(3720) for the Applicant(s) No. 1,2,3,4
MR.DIVYESH G NIMAVAT(3757) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS SHRUTI PATHAK APP (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 05/07/2019

ORAL ORDER

1. Learned advocate Mr.Gautam Gadhvi states at bar that
he has instructions to appear for respondent No.2 –
complainant and seeks permission to file appearance.
Permission is accordingly granted.

2. Rule. Learned A.P.P. Ms.Shruti Pathak and learned
advocate Mr.Gautam Gadhvi waive service of Rule for
respondent Nos.1 and 2 respectively.

3. With the consent of learned advocate for the applicants
and learned advocate for respondent No.2 – original
complainant, present application is taken up for final disposal
today.

4. 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 C.R.No.I-134 of 2018 registered with Sayla police station,

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R/CR.MA/12618/2019 ORDER

Surendranagar for the offence punishable under Sections
498A, Section328, Section323, Section504 and Section114 of the Indian Penal Code.

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

6. 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. The said
affidavit is ordered to be taken on record.

7. 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.

8. Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-134 of 2018 registered with Sayla police station,
Surendranagar against the present applicants is hereby
quashed and set aside. Rule is made absolute to the aforesaid
extent. Direct service today is permitted.

(S.H.VORA, J)
Hitesh

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