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Punit Nand Kishore Birla vs State Of Gujarat on 22 July, 2021

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R/CR.MA/11436/2021 ORDER DATED: 22/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 11436 of 2021

PUNIT NAND KISHORE BIRLA
Versus
STATE OF GUJARAT

Appearance:
MR SANDEEP R LIMBANI(5977) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2
MR JK SHAH, APP (2) for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 22/07/2021

ORAL ORDER

1. Learned advocate Ms.Hetal Chavda states that he has

instructions to appear for respondent No.2 – complainant.

She is permitted to file his Vakalatnama.

2. With the consent of learned advocates appearing for the

parties, present application is taken up for final disposal

today.

3. Rule. Learned APP Mr.Shah for respondent no.1 and learned

advocate, Ms.Chavda for respondent no.2 waive service of

notice of Rule.

4. 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.11210046210462 of 2021 registered with

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R/CR.MA/11436/2021 ORDER DATED: 22/07/2021

Puna Police Station, Surat City for the offence punishable

under Sections 498A, 323, 506(2) and 114 of Indian Penal

Code.

5. Heard learned advocate, Mr.Limbani for the applicants,

learned APP Mr.Shah for respondent no.1 and learned

advocate, Ms.Chavda for respondent no.2. I have also heard

the respondent no.2 – complainant through Video

Conferencing, who is identified by learned advocate

Ms.Chavda 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.46 and

admits that the dispute is amicably settled with the parties

and she does not have any objection if the FIR in question is

quashed and set aside.

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 –

complainant.

8. Since now, the dispute with reference to the impugned FIR

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R/CR.MA/11436/2021 ORDER DATED: 22/07/2021

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.

9. Resultantly, this application is allowed. The impugned FIR

being C.R.No.11210046210462 of 2021 registered with

Puna Police Station, Surat City and all other consequential

proceedings arising out of said FIR are hereby quashed and

set aside qua the applicants.

10. Rule is made absolute to the aforesaid extent. Direct

service is permitted.

(VIPUL M. PANCHOLI, J)
SRILATHA

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