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Mohd. Mubbassir Sheikh Bashir vs State Of Gujarat on 29 November, 2019

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 5766 of 2018

MOHD. MUBBASSIR SHEIKH BASHIR 3 other(s)
Versus
STATE OF GUJARAT

Appearance:
MR JEET J BHATT(6154) for the Applicant(s) No. 1,2,3,4
NIGAM D SONI(9314) for the Applicant(s) No. 1
MR P P MAJMUDAR(5284) 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 : 29/11/2019

ORAL ORDER

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

[3] Rule. Learned A.P.P. and learned advocate Mr. P.P.
Majmudar 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 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-3 of 2018 registered with Vadodara City
Mahila Police Station for the offence punishable under
Sections 498A, Section323, Section504, Section506(2), Section114 of the Indian Penal Code
and u/s 3 and 7 of the SectionDowry Prohibition Act.

[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 and terms of settlement 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.

[9] Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-3 of 2018 registered with Vadodara City
Mahila Police Station 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

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