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Devvratbhai Hareshbhai Ramanuj vs State Of Gujarat on 10 June, 2019

R/CR.MA/9081/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 9081 of 2019

DEVVRATBHAI HARESHBHAI RAMANUJ 3 other(s)
Versus
STATE OF GUJARAT 1 other(s)

Appearance:
MR M.NISAR VAIDHYA(3386) for the Applicant(s) No. 1
MR SADIK A ANSARI(5388) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 10/06/2019

ORAL ORDER

[1] Learned advocate Ms. Khusbo Thakur, states that she has
instructions to appear for respondent No.2 – complainant.

[2] Rule. Learned A.P.P. Mr.Trivedi and learned advocate
Ms.Thakor waive service of Rule for respondent Nos.1 and 2
respectively.

[3] With the consent of learned advocate for the applicant
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-12 of 2019 registered with Mahila Police Station,
Rajkot City for the offence punishable under Sections 498A,
Section323, Section504, Section114 of the Indian Penal Code.

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R/CR.MA/9081/2019 ORDER

[5] Learned advocate for the applicant 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.

[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-12 of 2019 registered with Mahila Police Station,
Rajkot City 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)
SATISH

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