Yogesh Hasmukhbhai ... vs State Of Gujarat

1. Learned advocate Ms.Shweta Lodha states at bar that she has instructions to appear for respondent No.2 - complainant and seeks permission to file appearance. Permission is accordingly granted.

2. Learned advocate Ms.Shweta Lodha confirms identity of Respondent No.2, who is present before the Court and admits genuineness and correctness of affidavit filed through learned advocate Ms.Shweta Lodha, which is ordered to be taken on record.

3. Rule. Learned A.P.P. and learned advocate Ms.Shweta Lodha waive service of Rule for respondent Nos.1 and 2 respectively. The learned A.P.P. objects quashment of the present proceedings on the premise of settlement.

4. With the consent of learned advocate for the applicant and learned advocate for respondents, present application is taken up for final disposal today.

R/CR.MA/260/2020 ORDER

5. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant pray for quashing and setting aside the F.I.R. being C.R.No.I-175 of 2019 registered with 'A' Division police station, Rajkot City for the offence punishable under Sections 376-D, 342, 328, 323, 506 and 114 of the Indian Penal Code.

6. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application.

7. The respondent No.2 has made following averments in the affidavit:-

"2. I say and submit that a minor quarrel between the deponent and accused viz. Yogeshbhai Hasmukhbhai Soni on account of which I had given application on 20.12.2019 before Mahila police station, Rajkot. I say and submit that in connection with the said application, the statement of deponent came to be recorded on 20.12.2019 wherein also I had stated that the relationship between myself and the accused were consensual in nature. I say and submit that it is on account of the quarrel which has taken place with the accused, the present FIR is filed. I say and submit that the relationship between the accused and the deponent herein were consensual in nature and no force or coercion was used. I say and submit that whatever had happened between the deponent and the accused herein had happened with consent and there was no element of force or coercion."

8. 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. The said Page 2 of 3 Downloaded on : Tue Jan 07 23:08:07 IST 2020 R/CR.MA/260/2020 ORDER affidavit is ordered to be taken on record.

9. 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.

10. Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.I-175 of 2019 registered with 'A' Division police station, Rajkot City as well as all other consequential proceedings arising therefrom, if any, against the present applicant are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) Hitesh Page 3 of 3 Downloaded on : Tue Jan 07 23:08:07 IST 2020