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Judgment
S.H.Vora, J
Learned advocate Mr.Aamir Khan Pathan states that he has instructions to appear for respondent No.2 â€" complainant. He is permitted to file his
Vakalatnama.
Respondent no.2 â€" complainant is present before the Court and admits correctness and genuineness of the affidavit filed by him through his
learned advocate. Learned advocate Mr.Aamir Khan Pathan identifies respondent no.2 and confirms correctness and genuineness of the affidavit
filed by him annexed at Annexure-C.
Rule. Learned A.P.P. and learned advocate Mr.Aamir Khan Pathan waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP
objects quashment of present proceedings on the premise of settlement.
With the consent of learned advocate for the applicant and learned advocate for respondents, present application is taken up for final disposal today.
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.II-3147 of 2013 registered with Meghaninagar Police Station, Ahmedabad for the offence
punishable under Sections 323, 294(b) and 114 of IPC.
Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application.
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 â€
complainant.
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.
Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.II-3147 of 2013 registered with Meghaninagar Police Station, Ahmedabad,
all other consequential proceedings arising out of said FIR and proceedings of Criminal Case No.1433 of 2013 pending before the learned MM Court
No.3, Ahmedabad are hereby quashed and set aside qua the applicant only. Rule is made absolute to the aforesaid extent. Direct service is permitted.