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R/SCR.A/6145/2021 ORDER DATED: 15/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 6145 of 2021
MRUNAL BHARAT RATHOD
Versus
STATE OF GUJARAT
Appearance:
ULLASH N GOHIL(8357) for the Applicant(s) No. 1,2,3,4
MR GAURAV VAGHELA for the Respondent(s) No. 2
MR MITESH AMIN, PP with MR LB DABHI APP (2) for the
Respondent(s) No. 1
CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 15/07/2021
ORAL ORDER
1. With the consent of learned advocates appearing
for the parties, present application is taken up
for final disposal today.
2. Rule. Learned APP Mr. Dabhi for respondent no.1
and learned advocate, Mr. Vaghela for respondent
no.2 waive service of notice of Rule.
3. By way of the present application under Section
482 of the Code of Criminal Procedure, 1973 (for
short, the ‘Code’), the applicant prays for
quashing and setting aside the FIR being
C.R.No.1119902210016/2021 registered with Mahila
Police Station, Bharuch for the offence punishable
under Sections 498A, 323, 504 and 114 of the
Indian Penal Code.
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R/SCR.A/6145/2021 ORDER DATED: 15/07/2021
4. Heard learned advocate, Mr. Ullash Gohil for the
applicant, learned Public Prosecutor, Mr. Mitesh
Amin assisted by learned APP Mr. L.B. Dabhi for
respondent no.1 and learned advocate, Mr. Gaurav
Vaghela for respondent no.2, who is permitted to
file his Vakilatnama in the Registry. I have also
heard the respondent no.2 – complainant through
Video Conferencing. Upon making inquiry, the
respondent no.2 admits correctness and genuineness
of the affidavits filed by him, copy of which is
placed on record at Page No.60. Learned advocate,
Mr. Vaghela identifies respondent no.2 and
confirms correctness and genuineness of the
affidavit filed by him.
5. Learned advocate for the applicant has taken this
Court through the factual matrix arising out of
the present application.
6. 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.
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R/SCR.A/6145/2021 ORDER DATED: 15/07/2021
7. Therefore since now, the dispute with reference to
the impugned FIR 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 FIR is
required to be quashed and set aside.
8. Resultantly, this application is allowed. The
impugned FIR being C.R.No.1119902210016/2021
registered with Mahila Police Station, Bharuch and
all other consequential proceedings arising out of
said FIR are hereby quashed and set aside qua the
applicant.
9. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(VIPUL M. PANCHOLI, J.)
Gautam
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