Pratapbhai Maldebhai Modhvadiya-Mer vs State Of Gujarat on 30 July, 2019

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Gujarat High Court

Pratapbhai Maldebhai Modhvadiya-Mer vs State Of Gujarat on 30 July, 2019

Bench: S.H.Vora

         R/CR.MA/11746/2019                                 ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 11746 of 2019
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           PRATAPBHAI MALDEBHAI MODHVADIYA-MER
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MS SHRUTI PATHAK APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                              Date : 30/07/2019

                               ORAL ORDER

1. Learned advocate for the applicants does not press this application qua applicant No.1 at this stage.

2. Hence, present application qua applicant No.1 stands disposed of as not pressed.

3. Draft amendment submitted by the learned advocate for the applicants is ordered to be taken on record. The same is allowed. Necessary amendment be carried out accordingly.

4. Rule. The learned A.P.P. and learned advocate Mr.Y.J. Patel waive service of Rule for respondent Nos.1 and 2 respectively.

5. With the consent of learned advocate for the applicant Nos.2 to 4 and learned advocate for respondent No.2 - original complainant, present application is taken up for final disposal today.

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R/CR.MA/11746/2019 ORDER

6. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant Nos.2 to 4 prays for quashing and setting aside the F.I.R. being C.R.No.I-21 of 2019 registered with Panchkoshi 'B' Division police station, Jamnagar for the offence punishable under Sections 453, 354(A), 504, 506(2), 447 and 114 of the Indian Penal Code.

7. Learned advocate for the applicant Nos.2 to 4 has taken this Court through the factual matrix arising out of the present application.

8. 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. The said affidavit is ordered to be taken on record.

9. 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.

10. Resultantly, this application qua applicant Nos.2 to 4 is allowed. Impugned F.I.R. being C.R.No.I-21 of 2019 registered with Panchkoshi 'B' Division police station, Jamnagar as well as all other consequential proceedings arising therefrom, if any, Page 2 of 3 Downloaded on : Tue Jul 30 23:54:17 IST 2019 R/CR.MA/11746/2019 ORDER against the present applicant Nos.2 to 4 are hereby quashed and set aside. Rule qua applicant Nos.2 to 4 is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) Hitesh Page 3 of 3 Downloaded on : Tue Jul 30 23:54:17 IST 2019

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