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Jayeshbhai Chunilal Khatik vs State Of Gujarat on 20 February, 2020

R/CR.MA/3899/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 3899 of 2020

JAYESHBHAI CHUNILAL KHATIK
Versus
STATE OF GUJARAT

Appearance:
MR SAMIR AFZAL KHAN(3733) for the Applicant(s) No. 1
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 : 20/02/2020

ORAL ORDER

1. Learned advocate Mr. Chintan Patel states that he has
instructions to appear for respondent No.2 – complainant. He is
permitted to file his Vakalatnama.

2. Respondent no.2 – complainant is present before the Court
and admits correctness and genuineness of the affidavit filed by
her through the learned advocate. Learned advocate Mr.Chintan
Patel identifies respondent no.2 and confirms correctness and
genuineness of the affidavit filed by her annexed at Annexure-C.

3. Rule. Learned A.P.P. and learned advocate Mr.Chintan Patel
waive service of Rule for respondent Nos.1 and 2 respectively.
Learned APP objects quashment of present proceedings on the
premise of settlement.

4. With the consent of learned advocate for the applicant and
learned advocate for respondents, present application is taken up
for final disposal today.

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R/CR.MA/3899/2020 ORDER

5. By way of the present application under Section 482 of the
Code of Criminal Procedure, 1973 (for short, the ‘Code’), the
applicant pray for quashing and setting aside the F.I.R. being
C.R.No.I-02 of 2018 registered with Ahmedabad West Mahila
Police Station, Ahmedabad City for the offence punishable under
Sections 498A, 323, 506(2) and 114 of IPC and section 3 and 7 of
Dowry Prohibition Act.

6. Learned advocate for the applicant 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 – complainant.

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 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.

9. Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-02 of 2018 registered with Ahmedabad West
Mahila Police Station, Ahmedabad City and all other
consequential proceedings arising out of said FIR are hereby
quashed and set aside qua the applicant only. Rule is made
absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J)
SATISH

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