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Vinodbhai Balubhai Joshi vs State Of Gujarat on 13 February, 2020

R/CR.MA/18580/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 18580 of 2019

VINODBHAI BALUBHAI JOSHI
Versus
STATE OF GUJARAT

Appearance:
MR HARDIK D MUCHHALA(5634) for the Applicant(s) No. 1,2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 13/02/2020

ORAL ORDER

[1] Learned advocate Mr. Kamlesh Kotai, states that he has
instructions to appear for respondent No.2 – complainant.
Learned advocate for respondent complainant is permitted to
file appearance.

[2] Learned advocate Mr. Kamlesh Kotai confirms identity of
respondent No.2 – original complainant, who is present in the
Court and admits correctness and genuineness of the affidavit
filed by the complainant through learned advocate Mr.
Kamlesh Kotai, which is produced before this Court and the
same is ordered to be taken on record.

[3] Rule. Learned A.P.P. and learned advocate Mr. Kamlesh
Kotai waive service of Rule for respondent Nos.1 and 2
respectively. Learned APP objects quashment of present
proceedings on the premise of settlement.

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R/CR.MA/18580/2019 ORDER

[4] With the consent of learned advocate for the applicants
and learned advocate for the respondents, present application
is taken up for final disposal today. The parties are present
before the Court alongwith their respective learned
advocates.

[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.II – 18 of 2013 registered with Rajula Police
Station for the offence punishable under Sections 498A, 504,
506(2), 323, 114 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.

[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 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.

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R/CR.MA/18580/2019 ORDER

[9] Resultantly, this application is allowed. Impugned F.I.R.

being C.R.No.II – 18 of 2013 registered with RajulaPolice
Station and all other consequential proceedings arising out of
the impugned FIR 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

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