Narmadaben Ramchandrabhai ... vs State Of Gujarat

                                                                                NEUTRAL CITATION




     R/SCR.A/3987/2021                            ORDER DATED: 11/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 3987 of 2021

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                NARMADABEN RAMCHANDRABHAI CHAUHAN
                               Versus
                         STATE OF GUJARAT
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Appearance:
DHARMIK R BAROT(8785) for the Applicant(s) No. 1,2,3,4,5,6
NOTICE SERVED 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 : 11/08/2023

                             ORAL ORDER

1. Learned advocate, Mr.Divyang Joshi states that he has instructions to appear for respondent No.2 - complainant. He is permitted to file his Vakalatnama. He has produced affidavit of the complainant, which is ordered to be taken on record.

2. Respondent no.2 - complainant is present before the Court and admits correctness and genuineness of the affidavit filed by her through her learned advocate. Learned advocate Mr.Divyang Joshi identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by her.

3. Rule. Learned A.P.P. and learned advocate Mr.Joshi waive service of Rule for respondent Nos.1 and 2 respectively. Learned APP objects quashment of present proceedings on the premise of settlement.

NEUTRAL CITATION R/SCR.A/3987/2021 ORDER DATED: 11/08/2023 undefined

4. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicants pray for quashing the FIR being C.R.No.I- 11191033210164 of 2021 registered with Meghaninagar Police Station, Ahmedabad, for the offence punishable under Sections 498-A, 313, 323, 506 (1) and 114 of the Indian Penal Code and for the offences under Sections 3 and 7 of the Dowry Prohibition Act.

5. Heard learned advocates.

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

7. 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.

8. 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 Page 2 of 3 Downloaded on : Sun Sep 17 01:13:48 IST 2023 NEUTRAL CITATION R/SCR.A/3987/2021 ORDER DATED: 11/08/2023 undefined Singh v. State of Punjab & Another, reported in (2012) 10 SCC 303, the impugned FIR is required to be quashed and set aside.

9. Resultantly, this application is allowed. The impugned FIR being C.R.No.I-11191033210164 of 2021 registered with Meghaninagar Police Station, Ahmedabad, for the offence punishable under Sections 498-A, 313, 323, 506 (1) and 114 of the Indian Penal Code and for the offences under Sections 3 and 7 of the Dowry Prohibition Act and all other consequential proceedings, if any, arising out of said FIR qua the applicants are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(SANDEEP N. BHATT,J) R.S. MALEK Page 3 of 3 Downloaded on : Sun Sep 17 01:13:48 IST 2023