Bhaveshkumar Ambalal Gohil vs State Of Gujarat on 9 December, 2019

[Cites 3, Cited by 1]

Gujarat High Court

Bhaveshkumar Ambalal Gohil vs State Of Gujarat on 9 December, 2019

Bench: S.H.Vora

       R/CR.MA/22653/2019                                      ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 22653 of 2019
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               BHAVESHKUMAR AMBALAL GOHIL
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR YS LAKHANI, SR. ADVOCATE WITH MR PRAVIN GONDALIYA(1974)
for the Applicant(s) No. 1,2,3,4
 for the Respondent(s) No. 2
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE S.H.VORA
                    Date : 09/12/2019
                      ORAL ORDER

1. Learned advocate Mr. Dhruv K. Dave states that he has instructions to appear for respondent No.2 - complainant. He is permitted to file his Vakalatnama. He has produced affidavit of the complainant, which is ordered to be taken on record.

2. Respondent no.2 - complainant is present before the Court and admits correctness and genuineness of the affidavit filed by her through her learned advocate. Learned advocate Mr.Dhruv K.Dave identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by her.

3. Rule. Learned A.P.P. Mr.Trivedi and learned advocate Mr.Dhruv K. Dave waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of 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/22653/2019 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-179 of 2019 registered with Makarpura Police Station for the offence punishable under Sections 306 and 114 of IPC.

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 - complainant.

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 his 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-179 of 2019 registered with Makarpura Police Station, Vadodara and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicants only. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) SATISH Page 2 of 2 Downloaded on : Mon Dec 09 22:09:32 IST 2019

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