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Patel Rahul Mayurdhvaj vs State Of Gujarat on 23 July, 2021

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R/CR.MA/11528/2021 ORDER DATED: 23/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11528 of 2021

PATEL RAHUL MAYURDHVAJ 2 other(s)
Versus
STATE OF GUJARAT 1 other(s)

Appearance:
MS. SAMATA V PATEL(3784) for the Applicant(s) No. 1,2,3
AVANI V PATEL(8016) for the Respondent(s) No. 2
MR LB DABHI APP (2) for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 23/07/2021

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. L.B. Dabhi for respondent

no.1 and learned advocate, Ms. Avani Patel 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.11191030210013/2021 registered with Mahila

Police Station, Ahmedabad City for the offence

punishable under Sections 498A, 323, 294(kh) and

114 of the IPC and the proceeding pursuant

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R/CR.MA/11528/2021 ORDER DATED: 23/07/2021

thereto.

4. Heard learned advocate, Ms. Samata Patel for the

applicants, learned APP Mr. L.B. Dabhi for

respondent no.1 and learned advocate, Ms. Avani

Patel for respondent no.2. I have also heard the

respondent no.2 – complainant viz., Bhavika

Rahulbhai Patel through Video Conferencing, who is

present in the office of learned advocate, Ms.

Avani Patel. 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.14. She has also stated that

she has no objection if the impugned FIR is

quashed and set aside. Learned advocate, Ms. Avani

Patel identifies respondent no.2 and confirms

correctness and genuineness of the affidavit filed

by him.

5. Learned advocate for the applicants 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,

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R/CR.MA/11528/2021 ORDER DATED: 23/07/2021

they have placed on record affidavit of settlement

of dispute duly signed by the respondent No.2 –

complainant.

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.11191030210013/2021

registered with Mahila Police Station, Ahmedabad

City and all other consequential proceedings

arising out of said FIR being Criminal Case

No.67740/2021 pending before the court of learned

11th Additional Metropolitan Magistrate Court,

Ahmedabad are hereby quashed and set aside qua the

applicants.

9. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J.)
Gautam

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