Bharatkumar S/O Sohanlal Agrawal vs State Of Gujarat
2023 Latest Caselaw 5864 Guj

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     R/CR.MA/3995/2021                                 ORDER DATED: 10/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 3995 of 2021

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                  BHARATKUMAR S/O SOHANLAL AGRAWAL
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR PRAKASH G PANDYA(3041) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
MR DILIPSINH SOLANKI FOR MS RUCHITA V. KADIA(5921) for the
Respondent(s) No. 2
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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.11195003200003 of 2020

registered with Amirgadh Police Station,

Banaskantha for the offence punishable under

Sections 408 of Indian Penal Code.

3. Heard learned advocates.

4. Learned advocate for the applicant has taken this

NEUTRAL CITATION

R/CR.MA/3995/2021 ORDER DATED: 10/08/2023

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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.

7. Resultantly, this application is allowed. The

impugned FIR being C.R.No.11195003200003 of 2020

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R/CR.MA/3995/2021 ORDER DATED: 10/08/2023

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registered with Amirgadh Police Station,

Banaskantha 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