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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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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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