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Jayendra Ghanshyambhai Patel vs The State Of Gujarat on 13 July, 2021

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R/CR.MA/10770/2021 ORDER DATED: 13/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 10770 of 2021

JAYENDRA GHANSHYAMBHAI PATEL 3 other(s)
Versus
THE STATE OF GUJARAT 1 other(s)

Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2
MR MITESH AMIN, PUBLIC PROSECUTOR WITH MR DM DEVNANI, APP
for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 13/07/2021

ORAL ORDER

1. Learned advocate Mr. Bhaumik Shah submits that he
has received instructions to appear for respondent No.2

– original first informant. He is permitted to file his
Vakalatnama. Registry to accept his Vakalatnama. It is
also submitted that respondent no.2 viz. Deepmalaben
Jayendra Patel is present during the course of hearing
of this application and he identifies her.

2. Learned advocate Mr. Dave appearing for the
applicants submitted that the matter is amicably
settled with the complainant and therefore she has no
objection if the complaint is quashed qua the
applicants.

3. When inquired by this Court, respondent No.2
stated that the matter is amicably settled with the
applicants and therefore she has no objection if the

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R/CR.MA/10770/2021 ORDER DATED: 13/07/2021

complaint is quashed qua the applicants.

4. Rule. Learned A.P.P. Mr. D. M Devnani and learned
advocate Bhaumik Shah waive service of Rule for
respondent Nos.1 and 2 respectively. Learned APP has
objected for quashment of present proceedings on the
premise of settlement.

5. With the consent of learned advocates appearing
for the parties, present application is taken up for
final disposal today.

6. 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.11196017201080 of
2020 registered with Panigate Police Station, District
Vadodara City for the offence punishable under
Sections
323,
294(b), 498A and 114 of the Indian Penal Code and
Sections 3 and 7 of the Dowry Prohibition Act and other
consequential proceedings, if any, arising out of the
said FIR.

7. Learned advocate for the applicants has taken this
Court through the factual matrix arising out of the
present application.

8. At the outset, it is submitted that the parties
have amicably resolved the dispute.

9. 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,

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R/CR.MA/10770/2021 ORDER DATED: 13/07/2021

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 qua applicants.

10. Resultantly, this application is allowed. Impugned
F.I.R. being C.R.No.11196017201080 of 2020 registered
with Panigate Police Station, District Vadodara City
and all other consequential proceedings arising out of
said FIR are hereby quashed and set aside qua the
applicants. Rule is made absolute to the aforesaid
extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J)
LAVKUMAR J JANI

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