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Mrunal Bharat Rathod vs State Of Gujarat on 15 July, 2021

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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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