Divyeshbhai Bhimsinhbhai Vaja(Koli) vs State Of Gujarat on 25 September, 2019

[Cites 5, Cited by 1]

Gujarat High Court

Divyeshbhai Bhimsinhbhai Vaja(Koli) vs State Of Gujarat on 25 September, 2019

Bench: S.H.Vora

          R/CR.MA/11129/2019                                           ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 11129 of 2019
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            DIVYESHBHAI BHIMSINHBHAI VAJA(KOLI)
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MR LB DABHI APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                                 Date : 25/09/2019

                                  ORAL ORDER

1. Learned advocate Mr.Denish Mavadhiya states at bar that he has instructions to appear for respondent No.2 - complainant and seeks permission to file appearance. Permission is accordingly granted.

2. Learned advocate Mr.Denish Mavadhiya confirms identity of Respondent No.2, who is present before the Court and admits genuineness and correctness of affidavit filed through learned advocate Mr.Denish Mavadhiya, which is ordered to be taken on record.

3. Rule. Learned A.P.P. and learned advocate Mr.Denish Mavadhiya waive service of Rule for respondent Nos.1 and 2 respectively. The learned A.P.P. objects quashment of the 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/11129/2019 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-126 of 2017 registered with Kodinar police station, Gir Somnath for the offence punishable under Sections 354A(2) and 114 of the Indian Penal Code and Sections 12 and 17 of the POCSO 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 - 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 her 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-126 of 2017 registered with Kodinar police station, Gir Somnath as well as Special Pocso Case No.21 of 2017 pending before the Special Judge Pocso and Additional Sessions Court, Una against the present applicants are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) Hitesh Page 2 of 2 Downloaded on : Wed Sep 25 21:01:53 IST 2019

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