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Primit S/O Shambhuprasad Purani vs State Of Gujarat on 26 November, 2019

R/CR.MA/21870/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 21870 of 2019

PRIMIT S/O SHAMBHUPRASAD PURANI
Versus
STATE OF GUJARAT

Appearance:
MR ABHIRAJ R TRIVEDI(5576) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2,3
MS KRINA CALLA APP (2) for the Respondent(s) No. 1

C2ORAM:HONOURABLE MR.JUSTICE S.H.VORA

Date : 26/11/2019

ORAL ORDER

1. Learned advocate Ms.Nency Amin states at bar that she has
instructions to appear for respondent No.2 – complainant and seeks
permission to file appearance. Permission is accordingly granted.

2. Learned advocate Ms.Nency Amin confirms identity of
Respondent No.2, who is present before the Court and admits
genuineness and correctness of affidavit filed through learned
advocate Ms.Nency Amin, which is annexed at Annexure-KK to the
application.

3. Rule. Learned A.P.P. and learned advocate Ms.Nency Amin
waive service of Rule for respondent Nos.1 and 2 respectively. The
learned A.P.P. objects quashment of the present proceedings on the
premise of settlement.

4. With the consent of learned advocate for the applicants and
learned advocate for respondents, present application is taken up
for final disposal today.

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R/CR.MA/21870/2019 ORDER

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-14 of 2015 registered with Dehgam police station,
Gandhinagar for the offence punishable under Sections 323, Section498A,
Section114, Section506(2), Section376, Section493, Section494, Section495, Section496, Section406 and Section120B of the Indian
Penal Code and Sections 3 and Section7 of the Dowry Prohibition Act.

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 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. The said affidavit is ordered to be taken on record.

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 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 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-14 of 2015 registered with Dehgam police station,
Gandhinagar as well as Criminal Case No.1448 of 2015 pending
before the learned JMFC, Dehgam against the present applicants are
hereby quashed and set aside. Rule is made absolute to the
aforesaid extent. Direct service is permitted.

(S.H.VORA, J)
Hitesh

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