Rajnibhai @ Pali Chhotabhai Patel vs State Of Gujarat

Vipul M. Pancholi, J

Rule. Learned APP, Mr. L.B. Dabhi for respondent nos.1 and 2 and learned advocate, Mr. Umang Oza for respondent nos.3 and 4 waive service

of notice of Rule.

Heard learned advocate, Mr. Chirag Patel for the applicants, learned APP, Mr. L.B. Dabhi for respondent â€" State and learned advocate, Mr.

Umang Oza for respondent nos.3 and 4, who is permitted to file his Vakilatnama in the Registry. Even the respondent 3 â€" original complainant is

also present along with learned advocate, Mr. Oza appearing for the original complainant. Upon making inquiry, the respondent no.3 â€" Original

Complainant has also confirmed about the settlement arrived at with the applicant herein.

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 prays for

quashing and setting aside the FIR being C.R. No.II-92/2019 registered with Mahelav Police Station, Anand for the offence punishable under Sections

323, 504, 506(2) and 114 of the Indian Penal Code.

Learned advocate for the applicants 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 affidavits of settlement of dispute duly signed by the respondent No.3 â€

complainant and her husband, copies of which are placed on record at Page Nos.20 & 26 respectively of the compilation.

I have heard learned advocates appearing for the parties through Video Conferencing. 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.

Resultantly, this application is allowed. The impugned FIR being C.R. No.II-92/2019 registered with Mahelav Police Station, Anand and all other

consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicant only.

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.