NEUTRAL CITATION
R/CR.MA/5500/2021 ORDER DATED: 10/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5500 of 2021
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MEENABEN TRIVIKAMRAI NANAVATI W/O JAYANTIBHAI JETHWA
Versus
STATE OF GUJARAT
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Appearance:
MR CHETAN K PANDYA(1973) for the Applicant(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2
MR SURAJ B MATIEDA(10499) for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 10/08/2023
ORAL ORDER
1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
2. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant/s prays for quashing the FIR being C.R.No.1185001210064 of 2021 registered with Bhanvad Police Station, Devbhoomi Dwarka for the offence punishable under Sections 406, 420, 504, 506 and 120 of Indian Penal Code and Sections 3, 4(1), 4(2), 4(3), 5(c) and 5(e) of the Gujarat Land Gabbing (Prohibition) Act. Page 1 of 3 Downloaded on : Sun Sep 17 01:01:57 IST 2023
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3. Heard learned advocates.
4. Learned advocate for the applicant/s has taken this Court through the factual matrix arising out of the present application.
5. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission made at the bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement duly signed by the complainant. The complainant is present in the Court and on inquiry, confirms the factum of settlement.
6. 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 learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. In view of the above and in view of the judgment in case of Gian Singh v. State of Punjab & Another, reported in (2012) 10 SCC 303, the impugned FIR is required to be quashed and set aside.
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7. Resultantly, this application is allowed. The impugned FIR being C.R.No.1185001210064 of 2021 registered with Bhanvad Police Station, Devbhoomi Dwarka and all other consequential proceedings, if any, arising out of said FIR qua the applicant are hereby quashed and set aside.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(SANDEEP N. BHATT,J) SRILATHA Page 3 of 3 Downloaded on : Sun Sep 17 01:01:57 IST 2023