Surjeetkaur Manjitsingh Dang vs State Of Gujarat on 9 October, 2019

[Cites 6, Cited by 1]

Gujarat High Court

Surjeetkaur Manjitsingh Dang vs State Of Gujarat on 9 October, 2019

Bench: S.H.Vora

       R/CR.MA/19053/2019                                      ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 19053 of 2019
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              SURJEETKAUR MANJITSINGH DANG
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR YS LAKHANI SR.ADV. WITH MR. RAHUL R DHOLAKIA(6765) for the
Applicant(s) No. 1,2,3,4,5
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 : 09/10/2019

                             ORAL ORDER

1. Learned advocate Mr.Panam Soni states at bar that he has instructions to appear for respondent No.2 - complainant and victims through their relatives, namely, Mr.Satyaprakash Gayalal Agrawal, Ms.Durgaben Jetendrabhai Dhobi, Ms.Urmilaben Rahulkumar Makavana and Ms.Anjanaben d/o. Kantilal Dantani w/o Budhabhai Chunara and seeks permission to file appearance. Permission is accordingly granted.

2. Learned advocate Mr.Panam Soni confirms identity of Respondent No.2 and victims, who are present before the Court and admit genuineness and correctness of affidavits filed through learned advocate Mr.Panam Soni, which are ordered to be taken on record.

3. Rule. Learned A.P.P. and learned advocate Mr.Panam Soni 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.

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R/CR.MA/19053/2019 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. being C.R.No.I-117 of 2019 registered with Bapunagar police station, Ahmedabad for the offence punishable under Sections 336, 337, 338, 308 and 114 of the Indian Penal Code.

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 affidavits of settlement of dispute duly signed by the respondent No.2 - original complainant and victims, who are 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 and victims through their 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/19053/2019 ORDER

9. Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.I-117 of 2019 registered with Bapunagar police station, Ahmedabad as well as all other consequential proceedings arising therefrom, if any, 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 3 of 3 Downloaded on : Fri Oct 11 00:24:44 IST 2019

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