SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Shantaben W/O Ratanshibhai … vs State Of Gujarat on 11 July, 2019

R/CR.MA/13052/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 13052 of 2019

SHANTABEN W/O RATANSHIBHAI RANKJA
Versus
STATE OF GUJARAT

Appearance:
MR. KALRAV R PATEL(7041) for the Applicant(s) No. 1,2,3,4,5,6
MS. NILI S SHAH(7043) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 11/07/2019

ORAL ORDER

[1] Learned advocate Mr. Bhargav Mehta, states that he has
instructions to appear for respondent No.2 – complainant.

[2] Rule. Learned A.P.P. and learned advocate Mr. Bhargav
Mehta waive service of Rule for respondent Nos.1 and 2
respectively.

[3] With the consent of learned advocate for the applicants
and learned advocate for respondent No.2 – original
complainant, present application is taken up for final disposal
today. The parties are present before the Court alongwith
their respective learned advocates.

[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 F.I.R.
being C.R.No.I-11 of 2019 registered with Morbi Mahila
Police Station for the offence punishable under Sections 498A,

Page 1 of 2

Downloaded on : Fri Jul 12 04:02:52 IST 2019
R/CR.MA/13052/2019 ORDER

323, 114 of the Indian Penal Code.

[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, 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, which
is ordered to be taken on record.

[7] 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.

[8] Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-11 of 2019 registered with Morbi Mahila
Police Station against the present applicants is hereby
quashed and set aside. Rule is made absolute to the aforesaid
extent. Direct service is permitted.

(S.H.VORA, J)
SHEKHAR P. BARVE

Page 2 of 2

Downloaded on : Fri Jul 12 04:02:52 IST 2019

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation