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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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