Manali Gopalchandra Bhavsar vs State Of Gujarat
2023 Latest Caselaw 5872 Guj

                                                                                     NEUTRAL CITATION




     R/CR.MA/2994/2021                                  ORDER DATED: 10/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 2994 of 2021
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                         MANALI GOPALCHANDRA BHAVSAR
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR PREMAL R JOSHI(1327) for the Applicant(s) No. 1
MR RUTVIJ S OZA(5594) for the Respondent(s) No. 2
MR UMANG R VYAS(5595) 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. 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.11191001200677 of 2020

registered with Anandnagar Police Station,

Ahmedabad for the offence punishable under

Sections 498(A), 354(A)(1)(1), 354(A)(2), 506 and 114

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R/CR.MA/2994/2021 ORDER DATED: 10/08/2023

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of Indian Penal Code.

4. Heard learned advocates.

5. Learned advocate for the applicant has taken this

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, 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.

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

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R/CR.MA/2994/2021 ORDER DATED: 10/08/2023

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aside.

8. Resultantly, this application is allowed. The

impugned FIR being C.R.No.11191001200677 of 2020

registered with Anandnagar Police Station,

Ahmedabad and all other consequential proceedings,

if any, arising out of said FIR qua the applicant

are hereby quashed and set aside.

9. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA