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Mahadevbhai Dahyabhai Chaudhary vs State Of Gujarat on 19 December, 2019

R/CR.MA/23550/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 23550 of 2019

MAHADEVBHAI DAHYABHAI CHAUDHARY
Versus
STATE OF GUJARAT

Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA CALLA APP (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 19/12/2019

ORAL ORDER

1. Learned advocate Mr.Dipen Chaudhary 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. Learned advocate Mr.Dipen Chaudhary confirms identity of
Respondent No.2, who is present before the Court and admits
genuineness and correctness of affidavit filed through learned
advocate Mr.Dipen Chaudhary, which is ordered to be taken on
record.

3. Rule. Learned A.P.P. and learned advocate Mr.Dipen
Chaudhary waive service of Rule for respondent Nos.1 and 2
respectively. The learned A.P.P. objects quashment of the 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/23550/2019 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-143 of 2019 registered with Deesa Rural police station,
Banaskantha for the offence punishable under Sections 498A and
Section506(2) of the Indian Penal Code.

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 – 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 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-143 of 2019 registered with Deesa Rural police station,
Banaskantha as well as all other consequential proceedings arising
therefrom, if any, against the present applicant are 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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