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Neetaben W/O Jayeshkumar Patel vs State Of Gujarat on 24 February, 2020

R/CR.MA/8025/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 8025 of 2018
With
CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 1 of 2020
In R/CRIMINAL MISC.APPLICATION NO. 8025 of 2018

NEETABEN W/O JAYESHKUMAR PATEL 3 other(s)
Versus
STATE OF GUJARAT 1 other(s)

Appearance:
MR RJ GOSWAMI(1102) for the Applicant(s) No. 1,2,3,4
PARAG P RAVAL(9534) for the Applicant(s) No. 1
JAY K PUROHIT(9147) for the Respondent(s) No. 2
MR. ASHOK A PUROHIT(6267) for the Respondent(s) No. 2
MR PRANAV TRIVEDI APP (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 24/02/2020

ORAL ORDER

Order in Criminal Misc. Application No. 1 of 2020.

The proposed petitioners are permitted to be impleaded as
party petitioner Nos. 5 to 7 in the main Criminal Misc. Application
No. 8025 of 2018.

Necessary amendment to be carried out forthwith.
The application stands disposed.

Order in Criminal Misc. Application No. 8025 of 2018.

[1] Learned advocate Mr. Lakshit Patel, states that he has
instructions to appear for respondent No.2 – complainant.
Learned advocate for respondent complainant is permitted to
file appearance.

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R/CR.MA/8025/2018 ORDER

[2] Learned advocate Mr. Lakshit Patel 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 Mr.
Lakshit Patel, which is produced before this Court and the
same is ordered to be taken on record.

[3] Rule. Learned A.P.P. and learned advocate Mr. Lakshit
Patel 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-20 of 2018 registered with Visnagar City
Police Station, Dist. Mehsana for the offence punishable under
Sections 498A, 323, 504 and 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

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R/CR.MA/8025/2018 ORDER

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.

[9] Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-20 of 2018 registered with Visnagar City Police
Station, Dist. Mehsana 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)
SURESH SOLANKI

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