Jaydevbhai Kuberbhai Rohit vs State Of Gujarat

[1] Learned advocate Mr. Vicky Mehta, states that he has instructions to appear for respondent No.2 - complainant and injured Mr. Jignesh, Mr. Gaurang, Mr. Mahendra. Learned advocate for respondent complainant is permitted to file appearance.

[2] Learned advocate Mr. Vicky Mehta confirms identity of respondent No.2 - original complainant and injured Mr. Jignesh, Mr. Gaurang, Mr. Mahendra, who are present in the Court and admit correctness and genuineness of the affidavits filed by them through learned advocate Mr. Vicky Mehta, which are produced before this Court and the same is ordered to be taken on record.

[3] Rule. Learned A.P.P. and learned advocate Mr. Vicky Mehta waive service of Rule for respondent Nos.1 and 2 Page 1 of 3 Downloaded on : Sat Jan 11 02:33:49 IST 2020 R/CR.MA/24006/2019 ORDER respectively. Learned APP objects quashment of present proceedings on the premise of settlement.

[4] With the consent of learned advocate for the applicant and learned advocate for the respondents, present application is taken up for final disposal today. The parties are present before the Court alongwith their respective learned advocates.

[5] 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 setting aside the F.I.R. being C.R.No.II - 3052 of 2015 registered with Mahelav Police Station, Anand for the offence punishable under Sections 323, 324, 504, 506(2), 114 of the Indian Penal Code and u/s 135 of the G.P. Act.

[6] Learned advocate for the applicant 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 and injured Mr. Jignesh, Mr. Gaurang, Mr. Mahendra, 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 injured Mr. Page 2 of 3 Downloaded on : Sat Jan 11 02:33:49 IST 2020 R/CR.MA/24006/2019 ORDER Jignesh, Mr. Gaurang, Mr. Mahendra 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.

[9] Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.II - 3052 of 2015 registered with Mahelav Police Station, Anand and all other consequential proceedings arising out of the impugned FIR against the present applicant is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Sat Jan 11 02:33:49 IST 2020