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Ehsaan Ali S/O Umardin Ansari vs State Of Gujarat on 24 June, 2019

R/SCR.A/6518/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 6518 of 2019
With
R/SPECIAL CRIMINAL APPLICATION NO. 6671 of 2019

EHSAAN ALI S/O UMARDIN ANSARI
Versus
STATE OF GUJARAT

Appearance:
MS. YASHMA R MATHUR(6374) for the Applicant(s) No. 1,2,3,4,5,6
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 : 24/06/2019

COMMON ORAL ORDER

[1] Learned advocate Mr. Mrudul Barot, states that he has
instructions to appear for respondent No.2 – complainant.

[2] Rule. Learned A.P.P. and learned advocate Mr. Mrudul
Barot 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 applications are taken up for final
disposal today. The parties are present before the Court
alongwith their respective learned advocates.

[4] By way of the present applications 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-103 of 2019 registered with Gomtipur Police

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R/SCR.A/6518/2019 ORDER

Station for the offence punishable under Sections 323, Section498A
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
applications.

[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 applications are allowed. Impugned
F.I.R. being C.R.No.I-103 of 2019 registered with Gomtipur
Police Station 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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