Rameshbhai Kantibhai Rawal vs State Of Gujarat on 1 October, 2019

[Cites 3, Cited by 1]

Gujarat High Court

Rameshbhai Kantibhai Rawal vs State Of Gujarat on 1 October, 2019

Bench: S.H.Vora

       R/CR.MA/14829/2019                                 ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 14829 of 2019
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                RAMESHBHAI KANTIBHAI RAWAL
                           Versus
                     STATE OF GUJARAT
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Appearance:
MS SHIVANGI J GUPTA(10542) for the Applicant(s) No. 1
MR MIHIRKUMAR V PATEL(10112) for the Respondent(s) No. 2
MR JK SHAH, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE S.H.VORA
                    Date : 01/10/2019
                      ORAL ORDER

1. This Court vide order dated 02.08.2019 has passed following order :

"Learned advocate Mr.Mihir Patel states at bar that he has instructions to appear for respondent no.2 complainant. He is permitted to file his Vakalatnama. 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. Mihir Patel identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by the complainant annexed at Annexure - C. Learned APP seeks time to take instructions. Stand over to 05.09.2019."

2. Rule. Learned A.P.P. Mr.Shah and learned advocate Mr.Patel waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of present proceedings on the premise of settlement.

3. With the consent of learned advocate for the applicant and learned advocate for respondents, present application is taken up for final disposal today.

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R/CR.MA/14829/2019 ORDER

4. 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.I-33 of 2018 registered with Kanbha Police Station, Daskroi for the offence punishable under Sections 306 and 201 of IPC.

5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application.

6. 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.

7. 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.

8. Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.I-33 of 2018, Charge Sheet No.8411 of 2018 registered with Kanbha Police Station, Daskroi 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.

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