R/CR.MA/10524/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10524 of 2019
HARSH NOOTANKUMAR THAKKAR
Versus
STATE OF GUJARAT
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,10,2,3,4,5,6,7,8,9
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 : 12/06/2019
ORAL ORDER
1. Learned advocate Mr.Mahesh Pujara 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. Mr.Pranav Trivedi and learned
advocate Mr.Mahesh Pujara 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-45 of 2019 registered with Ghatlodiya police
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R/CR.MA/10524/2019 ORDER
station for the offence punishable under Sections 94, Section498A,
Section323, Section294KH, Section506(2), Section343, Section348 and Section120B of the Indian Penal
Code, Sections 3 and Section7 of the Dowry Prohibition Act and
Sections 67 and Section68A of the I.T. Act.
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-45 of 2019 registered with Ghatlodiya 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)
Hitesh
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