SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Jatin Vinodrai Thakkar (Popat) vs State Of Gujarat on 24 January, 2020

R/CR.MA/22887/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 22887 of 2019

JATIN VINODRAI THAKKAR (POPAT)
Versus
STATE OF GUJARAT

Appearance:
MR K S CHANDRANI(6674) for the Applicant(s) No. 1,2,3
MR. NILAY A THAKER(7275) for the Applicant(s) No. 1,2,3
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2
MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 24/01/2020

ORAL ORDER

[1] Learned advocate Mr. Bhavik Shah, states that he has
instructions to appear for respondent No.2 – complainant.
Learned advocate for respondent complainant is permitted to
file appearance.

[2] Learned advocate Mr. Bhavik Shah confirms identity of
respondent No.2 – original complainant, who is present in the
Court and admits correctness and genuineness of the affidavit
filed by the complainant through learned advocate Mr.
Bhavik Shah, which is produced before this Court and the
same is ordered to be taken on record.

[3] Rule. Learned A.P.P. and learned advocate Mr. Bhavik
Shah waive service of Rule for respondent Nos.1 and 2
respectively. Learned APP objects quashment of present

Page 1 of 3

Downloaded on : Sun Jan 26 00:30:08 IST 2020
R/CR.MA/22887/2019 ORDER

proceedings on the premise of settlement.

[4] With the consent of learned advocate for the applicants
and learned advocate for the respondents, present application
is taken up for final disposal today. The parties are present
before the Court alongwith their respective learned
advocates.

[5] 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-47 of 2019 registered with Mahila Police
Station, Gir Somnath for the offence punishable under
Sections 498A, 323, 504, 506(2), 114 of the Indian Penal
Code.

[6] Learned advocate for the applicants 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 respondent No.2 –
original complainant, who is present before the Court.

[8] 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 learned
advocate, the trial would be futile and any further
continuation of proceedings would amount to abuse of process

Page 2 of 3

Downloaded on : Sun Jan 26 00:30:08 IST 2020
R/CR.MA/22887/2019 ORDER

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.I-47 of 2019 registered with Mahila Police
Station, Gir Somnath and all other consequential proceedings
arising out of the impugned FIR 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

Page 3 of 3

Downloaded on : Sun Jan 26 00:30:08 IST 2020

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation