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Jatin Ratilal Kacha vs State Of Gujarat on 17 September, 2019

R/SCR.A/11677/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 11677 of 2018

JATIN RATILAL KACHA
Versus
STATE OF GUJARAT

Appearance:
TATVDEEP J JANI(7227) for the Applicant(s) No. 1,2,3,4
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1
RICHA SHAH(7541) for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 17/09/2019
ORAL ORDER

1. Respondent no.2 – complainant is present before the
Court and admit correctness and genuineness of the affidavit
filed by her through her learned advocate. Learned advocate
Ms. Richa Shah identifies respondent no.2 and confirms
correctness and genuineness of the affidavit filed by her
annexed at Annexure D.

2. Rule. Learned A.P.P. Mr.Trivedi and learned advocate
Ms.Richa Shah waive service of Rule for respondent Nos.1 and
2 respectively. Learned APP objects quashment of present
proceedings on the premise of settlement.

3. With the consent of learned advocate for the applicants
and learned advocate for respondents, 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.II-22 of 2016 registered with Mahila Police
Station, Rajkot for the offence punishable under Sections 498A,

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R/SCR.A/11677/2018 ORDER

323, 504 and 114 of SectionIPC and section 135 of G.P.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 –
complainant.

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 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.

8. Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.II-22 of 2016 registered with Mahila Police
Station, Rajkot, proceedings of Criminal Case No.4856 of 2017
pending in the court of Chief Judicial Magistrate, Rajkot and all
other consequential proceedings arising out of said FIR are
hereby quashed and set aside qua the applicants only. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.

(S.H.VORA, J)
SATISH

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