Bhagirathsinh Jilubha Sodha vs State Of Gujarat on 2 August, 2019

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Gujarat High Court

Bhagirathsinh Jilubha Sodha vs State Of Gujarat on 2 August, 2019

Bench: S.H.Vora

       R/CR.MA/14858/2019                                 ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 14858 of 2019
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               BHAGIRATHSINH JILUBHA SODHA
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
BHARATKUMAR K VIZODA(8026) for the Applicant(s) No. 1
DIPESHBHAI P GUNSAI(7962) for the Applicant(s) No. 1
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 : 02/08/2019

                             ORAL ORDER

1. Learned advocate for the applicant states that no any other offence is registered against the applicant, except present one.

2. Learned advocate Mr.R.D.Chauhan states that he has instructions to appear for respondent No.2 - complainant. He is permitted to file his Vakalatnama. He has placed affidavit of the complainant, which is ordered to be taken on record.

3. Respondent no.2 is present before the Court and admits correctness and genuineness of the affidavit filed by him through his learned advocate. Learned advocate Mr.Chauhan identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by the complainant.

4. Rule. Learned A.P.P. Mr.Trivedi and learned advocate Mr.Chauhan waive service of Rule for respondent Nos.1 and 2 respectively.

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R/CR.MA/14858/2019 ORDER

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

6. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant pray for quashing and setting aside the F.I.R. being C.R.No.II-60 of 2019 registered with Mankuva Police Station, Bhuj for the offence punishable under Section 504 of IPC and under section 3(1)(u) of SC and ST Act and under section 67 of IT Act.

7. Learned advocate for the applicant 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 - Shri Nilesh Parabatbhai Bokhani (Dalit).

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.

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R/CR.MA/14858/2019 ORDER

10. Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.II-60 of 2019 registered with Mankuva Police Station, Bhuj and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicant only. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) SATISH Page 3 of 3 Downloaded on : Sat Aug 03 01:15:28 IST 2019

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