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Saumil Pravinbhai Patel vs State Of Gujarat on 26 November, 2019

R/CR.MA/21794/2019 ORDER




MR MRUGEN K PUROHIT(1224) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MR PRANAV TRIVEDI APP (2) for the Respondent(s) No. 1


Date : 26/11/2019


1. Learned advocate Mr.Jeet Patel states at bar that he has
instructions to appear for respondent No.2 – complainant and seeks
permission to file appearance. Permission is accordingly granted.

2. Learned advocate Mr.Jeet Patel confirms identity of
Respondent No.2, who is present before the Court and admits
genuineness and correctness of affidavit filed through learned
advocate Mr.Jeet Patel, which is ordered to be taken on record.

3. Rule. Learned A.P.P. and learned advocate Mr.Jeet Patel 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/21794/2019 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-347 of 2019 registered with Sola High Court police station,
Ahmedabad for the offence punishable under Sections 498A, Section323,
Section294B, Section506(1) and Section114 of the Indian Penal Code.

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-347 of 2019 registered with Sola High Court police station,
Ahmedabad as well as Criminal Case No.15175 of 2019 pending
before the Court of learned Chief Judicial Magistrate, Ahmedabad
(Rural), Mirzapur against the present applicants are hereby quashed
and set aside. Rule is made absolute to the aforesaid extent. Direct
service is permitted.


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