Gujarat High Court
Patel Pravinkumar Keshavlal vs State Of Gujarat on 21 September, 2020
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
R/CR.MA/13414/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 13414 of 2020
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PATEL PRAVINKUMAR KESHAVLAL
Versus
STATE OF GUJARAT
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MR JITENDRA S KOTAI, for the Respondent(s) No. 2
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 21/09/2020
ORAL ORDER
1. Rule. Learned APP, Mr. Ronak Raval for respondent no.1 - State and learned advocate, Mr. Jitendra S. Kotai for respondent no.2 - Original Complainant waive service of notice of Rule.
2. Heard learned advocate, Mr.Kamlesh S. Kotai for the applicant, learned APP, Mr. Ronak Raval for respondent no.1 - State and learned advocate, Mr. Jitendra S. Kotai for respondent no.2 - Original Complainant, who is permitted to file his Vakilatnama in the Registry.
3. With the consent of learned advocate for the applicant and learned advocate for respondents, present application is taken up for final disposal today.
4. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant prays for quashing and Page 1 of 3 Downloaded on : Tue Sep 22 00:04:58 IST 2020 R/CR.MA/13414/2020 ORDER setting aside the FIR being C.R. No.I-11188004200824 of 2020 registered with Dhansura Police Station, District Aravalli, for the offence punishable under Section 304 of the Indian Penal Code.
5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application and submitted that from reading the allegations leveled in the FIR, prima-facie ingredients of the alleged offence punishable under Section 304 of the Indian Penal Code are not made out. At the most, it is a case of Section 304 of the Indian Penal Code. It is further submitted that even otherwise, now, the matter is settled with the complainant and the complainant has also filed an affidavit, a copy of which is placed on record at Page-11 of compilation.
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, copy of which is placed on record at Page No.11 of the compilation.
7. The complainant is also present through video conferencing and submitted that the matter is settled and, therefore, if the FIR is quashed and set aside, he has no objection.
8. Since now, the dispute with reference to the impugned FIR is settled and resolved by and between Page 2 of 3 Downloaded on : Tue Sep 22 00:04:58 IST 2020 R/CR.MA/13414/2020 ORDER 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 FIR is required to be quashed and set aside.
9. Resultantly, this application is allowed. The impugned FIR being C.R. No.I-11188004200824 of 2020 registered with Dhansura Police Station, District Aravalli, Police Station and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicant only.
10. Rule is made absolute to the aforesaid extent.
Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(VIPUL M. PANCHOLI, J.) SRILATHA Page 3 of 3 Downloaded on : Tue Sep 22 00:04:58 IST 2020