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Dhaval Rajendrakumar Mehta vs State Of Gujarat on 11 February, 2020

R/CR.MA/1897/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 1897 of 2020

DHAVAL RAJENDRAKUMAR MEHTA
Versus
STATE OF GUJARAT

Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
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 : 11/02/2020

ORAL ORDER

1. Learned advocate Mr. Suraj Shukla states that he has
instructions to appear for respondent No.2 – complainant. He is
permitted to file his Vakalatnama. He has produced affidavit of
father of the complainant viz. Mr. Bharatbhai Doshi, who is
power of attorney holder of respondent no.2 – complainant, which
is ordered to be taken on record.

2. Father of respondent no.2 – complainant -Mr.Bharatbhai
Doshi is present before the Court and admits correctness and
genuineness of the affidavit filed by him through his learned
advocate. Learned advocate Mr.Suraj Shukla identifies father of
respondent no.2 and confirms correctness and genuineness of
the affidavit filed by him.

3. Rule. Learned A.P.P. and learned advocate Mr.Suraj Shukla
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/1897/2020 ORDER

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

5. By way of the present application under Section 482 of the
Code of Criminal Procedure, 1973 (for short, the ‘Code’), the
applicant pray for quashing and setting aside the F.I.R. being
C.R.No.II-266 of 2014 registered with Mahila Police Station, Rajkot
for the offence punishable under Sections 498A, 323, 504, 506(2)
and 114 of IPC and under section 4 and 6 of Prohibition of Dowry
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 father of respondent No.2 – complainant.

8. Learned advocates appearing for the respective parties
state at bar that gold and silver ornaments are return back to the
father of the complainant. 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 father of the original
complainant through his 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 C.R.No.II-266 of 2014 registered with Mahila Police Station,

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R/CR.MA/1897/2020 ORDER

Rajkot, all other consequential proceedings arising out of said FIR
and proceedings of Criminal Case No.9101 of 2014 pending
before the learned CJM, Rajkot are hereby quashed and set aside
qua the applicant only. Rule is made absolute to the aforesaid
extent. Direct service is permitted.

(S.H.VORA, J)
SATISH

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