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Mitul Rasikbhai Jobanputra … vs State Of Gujarat on 27 January, 2020

R/CR.MA/1799/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 1799 of 2020

MITUL RASIKBHAI JOBANPUTRA (THAKKAR)
Versus
STATE OF GUJARAT

Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 27/01/2020

ORAL ORDER

[1] Learned advocate Ms. Avnika Panchal, states that she
has instructions to appear for respondent No.2 – complainant.
Learned advocate for respondent complainant is permitted to
file appearance.

[2] Learned advocate Ms. Avnika Panchal 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
Ms. Avnika Panchal, which is annexed at Annexure E.

[3] Rule. Learned A.P.P. and learned advocate Ms. Avnika
Panchal waive service of Rule for respondent Nos.1 and 2
respectively. Learned APP objects quashment of present
proceedings on the premise of settlement.

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R/CR.MA/1799/2020 ORDER

[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 – 262 of 2014 registered with Sola High Court
Police Station for the offence punishable under Sections 498A,
307, 294(b), 506(2), 323, 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
of law. Therefore, the impugned F.I.R. is required to be
quashed and set aside.

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R/CR.MA/1799/2020 ORDER

[9] Resultantly, this application is allowed. Impugned F.I.R.

being C.R.No.I – 262 of 2014 registered with Sola High Court
Police Station and all other consequential proceedings arising
out of the impugned FIR against the present applicants is
hereby quashed and set aside on condition to fulfill the terms
stated in para 2 of the affidavit of respondent No.2. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.

(S.H.VORA, J)
SHEKHAR P. BARVE

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