R/CR.MA/12124/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12124 of 2019
VIJAYBHAI PRAVINBHAI BAGDA
Versus
STATE OF GUJARAT
Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1,2,3,4,5
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2
MS KRINA CALLA APP (2) for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 06/12/2019
ORAL ORDER
1. Learned advocate Mr.Chintan Popat states at bar that learned
advocate Mr.P.Y. Jasani has instructions to appear for respondent
No.2 – complainant and seeks permission to file appearance.
Permission is accordingly granted.
2. Learned advocate Mr.Chintan Popat confirms identity of
Respondent No.2, who is present before the Court and admits
genuineness and correctness of affidavit filed alongwith copy of the
divorce deed through learned advocate Mr.Popat, which is ordered
to be taken on record.
3. Rule. Learned A.P.P. and learned advocate Mr.P.Y. Jasani
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/12124/2019 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-23 of 2019 registered with Vaav police station,
Banaskantha for the offence punishable under Sections 498A, Section323,
Section294(b), Section506(2) and Section114 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.
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-23 of 2019 registered with Vaav police station,
Banaskantha as well as all other consequential proceedings arising
therefrom, if any, 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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