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Nirav Mukeshbhai Patel Through … vs State Of Gujarat on 20 July, 2021

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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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R/CR.MA/5328/2021 ORDER DATED: 20/07/2021

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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