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Judgment
Ilesh J. Vora, J
Mr. O.I.Pathan, learned advocate appearing on behalf of the applicants does not press this application qua applicant Nos.1 & 4 I.e Ushedahmed Maksudahmed Shaikh and Mahammadsulem Mahammadirshad Shaikh respectively. Hence, the present application is disposed of as not pressed qua applicant Nos.1 and 4.
Rule. Learned advocates appearing for the respective respondents waive service of Rule on behalf of the respective respondents.
Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicants and complainant has been resolved amicably, this matter is taken up for final disposal forthwith.
By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the applicant Nos.2 and 3 have prayed for quashing and setting aside FIR being C.R.No. 11191043220463 of 2022 registered with Shahpur Police Station, Ahmedabad, for the offence as mentioned in the prayer as well as other consequential proceedings arising therefrom.
Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their issue by way of mutual settlement and pursuant to understanding arrived at, the Complainant has accordingly filed an affidavit, which is on record. The complainant has categorically stated in the affidavit that dispute is amicably resolved and has no objections if the present proceedings are quashed and there is no surviving grievance between them.
Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
Resultantly, this application is allowed. The impugned FIR being C.R.No. 11191043220463 of 2022 registered with Shahpur Police Station, Ahmedabad as well as other consequential proceedings are hereby quashed and set aside qua the applicant Nos. 2 and 3 only. Accordingly, Rule is made absolute. Direct service is permitted.
If they are behind bar, Jail authority as well as Court concerned shall act upon downloaded copy of this order.