Savitaben Bakulbhai Patel vs State Of Gujarat

1. Rule. Learned APP, Mr. R.B. Raval for respondent no.1 - State and learned advocate, Mr. Sumit Prajapati for respondent no.2 - Original Complainant waive service of notice of Rule.

2. Heard learned advocate, Mr. Adil Mirza for the applicants, learned APP, Mr. R.B. Raval for respondent no.1 - State and learned advocate, Mr. Sumit Prajapati 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 applicants 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 applicants pray for quashing and setting aside the FIR being M. Case Page 1 of 3 Downloaded on : Sat Aug 29 04:02:17 IST 2020 R/CR.MA/12067/2020 ORDER No.1/2017 registered with Bardoli Police Station, Surat Rural for the offence punishable under Sections 212, 363, 366, 376, 384, 406, 465, 471 and 120(B) of the Indian Penal Code and the proceeding pursuant thereto.

5. Learned advocate for the applicants 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 settlement of agreement of dispute duly signed by the respective parties, copy of which is placed on record at Page No.18 of the compilation. Even learned advocate for the respondent no.2 has also placed on record an affidavit of the original complainant mentioning the settlement arrived at between the parties and submitted that appropriate order may be passed.

7. In view of the submissions canvassed by learned advocates appearing for the parties, since now, the dispute with reference to the impugned FIR 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 FIR is required to be quashed and set aside.

8. Resultantly, this application is allowed. The impugned FIR being M. Case No.1/2017 registered with Bardoli Police Station, Surat Rural and all Page 2 of 3 Downloaded on : Sat Aug 29 04:02:17 IST 2020 R/CR.MA/12067/2020 ORDER other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicants only.

9. 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 : Sat Aug 29 04:02:17 IST 2020