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Vishal Dinesh Kumar Shah vs State Of Gujarat on 6 March, 2020

R/CR.MA/4969/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 4969 of 2020

VISHAL DINESH KUMAR SHAH
Versus
STATE OF GUJARAT

Appearance:
MR. ALAK A PANDYA(7164) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI APP (2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 06/03/2020

ORAL ORDER

[1] Learned advocate Mr. B.H. Solanki, 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. B.H. Solanki 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. B.H.
Solanki, 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. B.H.
Solanki 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/4969/2020 ORDER

[4] With the consent of learned advocate for the applicant
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 applicant prays for quashing and setting aside the F.I.R.
being C.R.No.I-55 of 2019 registered with Mahila Police Station
(West), Vastrapur, Ahmedabad for the offence punishable
under Sections 498A, 294(KH), 323 and 114 of the Indian
Penal Code and under Section 4 of Dowry Prohibition Act.

[6] Learned advocate for the applicant 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/4969/2020 ORDER

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

C.R.No.I-55 of 2019 registered with Mahila Police Station (West),
Vastrapur, Ahmedabad and all other consequential proceedings
arising out of the impugned FIR against the present applicant is
hereby quashed and set aside. Rule is made absolute to the
aforesaid extent. Direct service is permitted.

(S.H.VORA, J)
SURESH SOLANKI

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