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Prajapati Kanubhai Jivabhai vs State Of Gujarat

High Court Of Gujarat|07 January, 2020
1. Learned advocate Mr. J.V.Padhiyar states that he has instructions to appear for respondent No.2 - complainant. He is permitted to file his Vakalatnama. He has produced affidavit of the complainant, which is ordered to be taken on record.
2. Respondent no.2 - complainant is present before the Court and admits correctness and genuineness of the affidavit filed by him through his learned advocate. Learned advocate Mr.J.V.Padhiyar identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by him.
3. Rule. Learned A.P.P. Mr.Mehta and learned advocate Mr.J.V.Padhiyar waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of present proceedings on the premise of settlement.
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 Page 1 of 2 Downloaded on : Tue Jan 07 23:04:47 IST 2020 R/CR.MA/170/2020 ORDER applicants pray for quashing and setting aside the F.I.R. being C.R.No.II-12 of 2015 registered with Vijapur Police Station, Mehsana for the offence punishable under Sections 323, 504, 506(2) and 114 of IPC and under section 3(1)(10) of the SC and ST 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 - complainant.
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 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.
9. Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.II-12 of 2015 registered with Vijapur Police Station, Mehsana, all other consequential proceedings arising out of said FIR and proceedings of Criminal Case No.911 of 2015 pending before the concerned Court are hereby quashed and set aside qua the applicants only. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SATISH Page 2 of 2 Downloaded on : Tue Jan 07 23:04:47 IST 2020
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  • S H Vora