NEUTRAL CITATION
R/CR.MA/23295/2015 ORDER DATED: 20/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 23295 of 2015
==========================================================
CHANUBHA GAMBHIRSINH JADEJA
Versus
STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR ABHAYKUMAR P SHAH(3093) for the Applicant(s) No. 1
MR KIRTIDEV R DAVE(3267) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 20/09/2023
ORAL ORDER
1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
2. Rule. Learned advocates waive service of notice of Rule for respective respondents.
3. 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.I-65 of 2015 registered with Samkhiyari Police Station, Kachchh for the offence punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.
4. Heard learned advocates.
5. Learned advocate for the applicant/s has taken this Page 1 of 3 Downloaded on : Thu Sep 21 20:42:55 IST 2023 NEUTRAL CITATION R/CR.MA/23295/2015 ORDER DATED: 20/09/2023 undefined Court through the factual matrix arising out of the present application.
6. 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, 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.
7. 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.
8. Resultantly, this application is allowed. The impugned FIR being C.R.No.I-65 of 2015 registered Page 2 of 3 Downloaded on : Thu Sep 21 20:42:55 IST 2023 NEUTRAL CITATION R/CR.MA/23295/2015 ORDER DATED: 20/09/2023 undefined with Samkhiyari Police Station, Kachchh and all other consequential proceedings, if any, arising out of said FIR qua the applicant/s are hereby quashed and set aside.
9. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(SANDEEP N. BHATT,J) SRILATHA Page 3 of 3 Downloaded on : Thu Sep 21 20:42:55 IST 2023