Gujarat High Court
Naineshbhai Babubhai Padhara (In Fir As ... vs State Of Gujarat on 11 June, 2020
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
R/CR.MA/7392/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7392 of 2020
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NAINESHBHAI BABUBHAI PADHARA (in FIR as NILESHBHAI
BABUBHAI PADHARA)
Versus
STATE OF GUJARAT
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Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MR MITESH AMIN, PP WITH MR D M DEVNANI, APP for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 11/06/2020
ORAL ORDER
1. Learned advocate Mr. Vicky Mehta states that he has instructions to appear for respondent No.2 - complainant. He is permitted to file his Vakalatnama. He submits that the matter is settled between the parties out of Court and therefore respondent No.2 - original complainant has no objection for quashment of the FIR. He has referred the contents of the affidavit of the complainant, which is produced on record at page 14. Learned advocate Mr.Mehta confirms the correctness and genuineness of the affidavit filed by the original complainant.
3. Rule. Learned APP and learned advocate Mr.Mehta waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of present proceedings on the premise of settlement.
Page 1 of 3 Downloaded on : Thu Jun 11 22:22:29 IST 2020R/CR.MA/7392/2020 ORDER 4. With the consent of learned advocate for the applicants and learned advocate for respondents,
present application is taken up for final disposal today.
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. No.I-11193009200430 registered with Bagasara Police Station, District Amreli for the offence punishable under Sections 323, 504, 506(2), 114 of the Indian Penal Code, Section 135 of the Gujarat Police Act and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) 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 - complainant.
8. Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between the 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 Page 2 of 3 Downloaded on : Thu Jun 11 22:22:29 IST 2020 R/CR.MA/7392/2020 ORDER 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. No.I-11193009200430 registered with Bagasara Police Station, District Amreli 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.
(VIPUL M. PANCHOLI, J) SRILATHA Page 3 of 3 Downloaded on : Thu Jun 11 22:22:29 IST 2020