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Darshak Vrajlal Sanghani vs State Of Gujarat on 21 November, 2019

R/CR.MA/11362/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 11362 of 2018

DARSHAK VRAJLAL SANGHANI 3 other(s)
Versus
STATE OF GUJARAT 1 other(s)

Appearance:
AADITYA D BHATT(8580) for the applicants(s) No. 1,2,3,4
CHANDNI S JOSHI(9490) for the applicants(s) No. 1
MR SAMIR J DAVE(268) for the Respondent(s) No. 2
MS KRINA CALLA, APP (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 21/11/2019

ORAL ORDER

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

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

[3] By way of the present application under Section 482 of
the Code of Criminal Procedure, 1973 (for short, the ‘Code’),
the applicants prays for quashing and setting aside the F.I.R.
being C.R.No.I-09 of 2018 registered with Jamnagar Women
Police Station for the offence punishable under Sections 498A,
Section323, Section504, Section506(2), Section114 of the Indian Penal Code.

[4] Learned advocate for the applicants has taken this Court

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R/CR.MA/11362/2018 ORDER

through the factual matrix arising out of the present
application.

[5] On 12.9.2018, this Court passed following order:-

“Pursuant to the order passed by this Court on
4.9.2018, the petitioner No.1 – husband and
respondent No.2 – wife are present in the Court.
The parties are trying to settle the matter. Hence,
the matters are adjourned to 4.10.2018.

Learned advocate Mr. Samir J. Dave appearing for the
respondent No.2 – wife assures that the respondent
No.2 shall not proceed further with the proceedings
pending in the Trial Court. ”

[6] 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, who is present before the Court and has filed
affidavit, which is ordered to be taken on record, 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.

[7] Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-09 of 2018 registered with Jamnagar Women
Police Station and all other consequential proceedings arising
out of the impugned FIR against the present applicants is
hereby quashed and set aside. Rule is made absolute to the
aforesaid extent. Direct service is permitted.

(S.H.VORA, J)
SHEKHAR P. BARVE

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