Nurul Abbas Mohmediqbalbhai ... vs State Of Gujarat

[1] Learned advocate Ms Bansi Karia, states that he has instructions to appear for respondent No.2 - complainant. Learned advocate for respondent complainant is permitted to file appearance.

[2] Learned advocate Ms Bansi Karia confirms identity of respondent No.2 - original complainant, who is present in the Court and admits correctness and genuineness of the affidavit filed by the complainant through learned advocate Ms Bansi Karia, which is produced before this Court and the same is ordered to be taken on record.

[3] Rule. Learned A.P.P. and learned advocate Ms Bansi Karia waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of present proceedings on the premise of settlement.

R/CR.MA/204/2020 ORDER [4] With the consent of learned advocate for the applicants 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 applicants pray for quashing and setting aside the F.I.R. being C.R.No.II - 3471 of 2019 registered with Vejalpur Police Station for the offence punishable under Sections 294(B), 506(2), 114 of the Indian Penal Code and u/s 135(1) of the B.P. 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 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 Page 2 of 3 Downloaded on : Tue Jan 07 23:06:56 IST 2020 R/CR.MA/204/2020 ORDER quashed and set aside.

[9] Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.II - 3471 of 2019 registered with Vejalpur Police Station and all other consequential proceedings arising out of the impugned FIR against the present applicants 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 : Tue Jan 07 23:06:56 IST 2020