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R/CR.MA/5328/2021 ORDER DATED: 20/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5328 of 2021
NIRAV MUKESHBHAI PATEL THROUGH POA RAMILABEN MUKESHBHAI
PATEL
Versus
STATE OF GUJARAT
Appearance:
GAURAV K LAKHWANI(9520) for the Applicant(s) No. 1
MS. KRUPA P SONI(10048) for the Respondent(s) No. 2
MR RONAK RAVAL, APP (2) for the Respondent(s) No. 1
CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 20/07/2021
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.Raval for respondent no.1 and
learned advocate, Ms.Soni 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 applicants pray for quashing and setting aside the FIR
being C.R.No.11209001200013 of 2020 registered with
Mahila Police Station, Sabarkantha for the offence
punishable under Sections 498A, 323, 504, 506(2) and 114
of Indian Penal Code and Section 4 of Dowry Prohibition Act.
4. Heard learned advocate, Mr.Lakhwani for the applicant,
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learned APP Mr.Raval for respondent no.1 and learned
advocate, Ms.Soni for respondent no.2. I have also heard
the respondent no.2 – complainant through Video
Conferencing, who is identified by learned advocate
Ms.Soni and upon making inquiry, the respondent no.2
admits correctness and genuineness of the affidavit filed by
her, copy of which is placed on record at Page No.22 and
submits that the dispute is amicably settled between the
parties and she does not have any objection if the FIR in
question is quashed and set aside.
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.
7. 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
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R/CR.MA/5328/2021 ORDER DATED: 20/07/2021
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.11209001200013 of 2020 registered with
Mahila Police Station, Sabarkantha 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)
SRILATHA
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